United States v. Raymond Edward Mosley, AKA Raymond Lee Baker

976 F.2d 738 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Raymond Edward MOSLEY, aka Raymond Lee Baker, Defendant-Appellant. No. 90-50610. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Sept. 17, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Raymond Edward Mosley appeals pro se the district court's denial of his Fed.R.Crim.P. 35(a) motion to reduce his sentence. He was convicted, following a guilty plea, for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1), and being a felon in possession of a firearm in violation of 18 U.S.C.App. II § 1202(a)(1). Mosley contends that the district erred by denying his motion because methamphetamine is not a Schedule II controlled substance under 21 U.S.C. § 812 . Although, the district court reached the merits under former Rule 35(a), we shall treat Mosley's…