Ian Wayne Gillespie v. United States

995 F.2d 231 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ian Wayne GILLESPIE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-56622. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 8, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Ian Wayne Gillespie, a federal prisoner, appeals pro se the denial of his 28 U.S.C. § 2255 motion to vacate his sentence. Gillespie pleaded guilty to possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1), and was sentenced to ten years imprisonment and five years supervised release. We affirmed his conviction and sentence on direct appeal. United States v. Gillespie, No. 91-50394, unpublished memorandum disposition (9th Cir. Mar. 10, 1992). Gillespie contends that (1) he was entitled to a downward departure for aberrant behavior; (2) his guilty plea was involuntary because the district court did not…