United States v. Gary R. Mason

942 F.2d 794 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gary R. MASON, Defendant-Appellant. No. 90-35300. United States Court of Appeals, Ninth Circuit. Submitted June 24, 1991. * Aug. 30, 1991. Before KILKENNY, SNEED and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Mason appeals from the district court's denial of his petition for relief under 28 U.S.C. § 2255 . We review de novo a district court's decision to deny a section 2255 petition, Grady v. United States, 929 F.2d 468, 470 (9th Cir.1991), while we examine for clear error any factual findings upon which the district court based its ruling. Doganiere v. United States, 914 F.2d 165, 167 (9th Cir.1990). We affirm. 3 Mason first argues that his allegedly disparate sentence reflects the fact that he was impermissibly penalized for exercising his right to trial. We disagree. Any sentencing disparity that appears to exist between Mason and his codefendants is…