United States v. Kevin M. Riggs

972 F.2d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kevin M. RIGGS, Defendant-Appellant. No. 91-55928. United States Court of Appeals, Ninth Circuit. Submitted July 10, 1992. * Decided July 16, 1992. Before CHAMBERS, SNEED and D.W. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Kevin M. Riggs appeals the denial of his Section 2255 petition, arguing that his conviction for the use and carrying of a firearm during the commission of a drug trafficking crime in violation of 18 U.S.C. § 924 (c)(1) is invalid because methamphetamine is not a controlled substance. He also makes a constitutional claim, arguing that his equal protection and due process rights were violated by the district court's refusal to grant an evidentiary hearing on the issue of whether methamphetamine is a controlled substance. We affirm. 3 The government first contends that Riggs has waived all rights of appeal by entering into a plea…