United States v. Frank Raymond Weston, II

990 F.2d 1266 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frank Raymond WESTON, II, Defendant-Appellant. No. 92-30206. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. Decided March 18, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Frank Raymond Weston II appeals pro se the district court's denial of his Fed.R.Crim.P. 35 motion to reduce his 10-year sentence. He was convicted following guilty pleas to manufacture of methamphetamine in violation of 21 U.S.C. § 841 (a)(1), and possession of a firearm during a drug offense in violation of 18 U.S.C. § 924 (c). Weston contends that the district court erred by denying his Rule 35 motion because his sentence was illegal. Although the district court reached the merits under Fed.R.Crim.P. 35(a), we shall treat Weston's motion as one brought pursuant to 28 U.S.C. § 2255 . See United States v.…