Carlton Smith, Jr. v. United States

977 F.2d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carlton SMITH, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 91-55944. United States Court of Appeals, Ninth Circuit. Submitted July 10, 1992. * Decided Oct. 2, 1992. Before FLETCHER, O'SCANNLAIN and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Carlton Smith, Jr. appeals the district court's denial of his motion to set aside his sentence under 28 U.S.C. § 2255 . We affirm. 3 I. Facts. 4 In July of 1988, Greg Beloney, a DEA agent, started buying crack cocaine from Thomas Penn. Penn eventually offered to show Beloney how to manufacture crack. Beloney arrived at Penn's apartment for the cook at around noon on October 18, 1988. Sammy Tryon, who was to help with the cook, arrived a few minutes later, followed about fifteen minutes later by Smith and his wife. Penn introduced Smith as "Smitty," and told Beloney that Smith was present to help him make crack. Smith didn't object to…