Edward L. Tapia v. United States

988 F.2d 122 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edward L. TAPIA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 92-55816. United States Court of Appeals, Ninth Circuit. Submitted Feb. 11, 1993. * Decided Feb. 24, 1993. Appeal from the United States District Court for the Southern District of California; Nos. CV-92-331-HBT, CR-90-0693-HBT, Howard B. Turrentine, Senior Judge, Presiding. S.D.Cal. VACATED AND REMANDED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Edward Tapia, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his sentence. 1 Tapia was convicted pursuant to a guilty plea of one count of possession of a controlled substance (methamphetamine) with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and we vacate and remand. 3 The district…