Ernie R. Sanders v. United States

961 F.2d 217 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ernie R. SANDERS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 91-15191. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1992. * Decided April 24, 1992. Before FARRIS, O'SCANNLAIN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Ernie R. Sanders, a federal prisoner, appeals pro se the district court's summary dismissal of his 28 U.S.C. § 2255 motion to vacate his sentence. Sanders was convicted following entry of a guilty plea to conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846 . We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and we affirm. 3 Sanders' petition raises three main challenges to his sentence: (1) Congress was without constitutional authority to enact 21 U.S.C. § 846 , and the underlying substantive offense statute 21 U.S.C. § 841 (a)(1), because purely intrastate…