United States v. Stephen Richard Wilcox

891 F.2d 297 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Stephen Richard WILCOX, Defendant-Appellant. No. 88-3091. United States Court of Appeals, Ninth Circuit. Submitted Nov. 7, 1989. * Decided Dec. 6, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 * Wilcox was sentenced to five-years imprisonment and five-years special parole term for possession of marijuana with the intent to distribute in violation of 21 U.S.C. § 841 . Wilcox appeals pro se the district court's denial of his motion pursuant to Fed.R.Crim.P. 35(b) to modify his sentence. We affirm. II 3 We review the district court's denial of Wilcox's Rule 35(b) motion for an abuse of discretion. United States v. Ruffen, 780 F.2d 1493, 1495 (9th Cir.1986). 4 Wilcox contends that the district court improperly imposed an enhanced sentence on him as a second-time offender. The contention fails. 5 Wilcox points out that the…