United States v. Arnold Brauff, United States of America v. Arnold Brauff

983 F.2d 1077 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Arnold BRAUFF, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Arnold BRAUFF, Defendant-Appellant. Nos. 92-35060, 92-35234. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1993. * Decided Jan. 15, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Arnold Brauff, a federal prisoner, appeals pro se the district court's denial of his two 28 U.S.C. § 2255 motions to vacate his sentence for one Racketeer Influenced and Corrupt Organizations Act (RICO) count and one mail fraud count. In both motions, Brauff contends that the acts to which he pleaded guilty occurred prior to the effective date of the Sentencing Guidelines, and therefore, the district court erred by sentencing him under the Guidelines. We have jurisdiction under 28 U.S.C. § 2255 , and we affirm. 1 3 We review de novo…