United States v. Thomas Jefferson Henderson

980 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas Jefferson HENDERSON, Defendant-Appellant. No. 91-10496. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 1, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Jefferson Henderson appeals pro se the district court's order denying his motion to correct an illegal sentence pursuant to the pre-November 1987 version of Fed.R.Crim.P. 35(a). Henderson was convicted, following a guilty plea, for one count of possession of marijuana with intent to distribute and one count of possession of methamphetamine with intent to distribute, both in violation of 21 U.S.C. §§ 841 (a)(1) and 844. Henderson contends that the district court erred by imposing consecutive sentences on the two drug charges in violation of the Fifth Amendment double jeopardy clause because the offenses, which occurred at…