United States v. Christopher David Lee

974 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Christopher David LEE, Defendant-Appellant. No. 91-50495. United States Court of Appeals, Ninth Circuit. Submitted Aug. 24, 1992. * Decided Sept. 2, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Christopher David Lee appeals the district court's refusal to modify the sentence it imposed under the United States Sentencing Guidelines (Guidelines), following his conviction by jury, for possessing methamphetamine with intent to distribute. Lee contends that collateral estoppel bound the district court to modify his sentence based on a Louisiana district court's subsequent finding that the government had violated a cooperation agreement with him. Although Lee's motion to correct sentence was brought improperly under a prior version of Fed.R.Crim.P. 35(a), we take jurisdiction over this appeal on the basis of 28 U.S.C. § 2255 , and…