Gary W. Dash v. United States

977 F.2d 588 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary W. DASH, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 91-36045. United States Court of Appeals, Ninth Circuit. Submitted Sept. 14, 1992. Decided Oct. 6, 1992. Before BEEZER, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Gary Dash, a federal prisoner, timely appeals the denial of his 28 U.S.C. § 2255 motion to vacate his sentence. We have jurisdiction under 28 U.S.C. § 1291 ; we reverse and remand with respect to Count I and affirm the district court on all other issues. 3 * In 1983, Dash entered a guilty plea to a charge by information of manufacturing methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. § 841 (a)(1) (1988). The district court sentenced Dash to five years' imprisonment, followed by a five year special parole term. Seven years passed before Dash filed a § 2255 motion to vacate, set aside, or correct his…