United States v. Donald Gene Henthorn

990 F.2d 1262 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donald Gene HENTHORN, Defendant-Appellant. No. 92-50607. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 2, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Donald Henthorn appeals pro se the district court's summary dismissal of his motion to vacate and set aside his conviction. We construe the motion as one pursuant to 28 U.S.C. § 2255 . 1 We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and affirm. 3 Henthorn appealed his conviction following a jury trial for conspiring to import and possess cocaine with the intent to distribute, and for travel in interstate and foreign commerce in aid of racketeering. Following a remand, this court affirmed Henthorn's conviction. See United States v. Henthorn, No. 88-5299 unpublished memorandum…