George James Roads v. United States

996 F.2d 1227 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. George James ROADS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 92-16348. United States Court of Appeals, Ninth Circuit. Submitted June 8, 1993. * Decided June 16, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 George James Roads is currently serving an 88 month sentence after pleading guilty to 21 U.S.C. § 841 (a)(1)--possession with intent to distribute methamphetamine. He moved to modify his sentence under Fed.R.Crim.P. 35 and 28 U.S.C. § 2255 . 1 The district court denied his motion, and he appeals. We affirm. I. FACTS AND PRIOR PROCEEDINGS 3 On October 18, 1988, Roads was arrested when investigators found him in his co-defendant's store with 318 grams of methamphetamine and $2,020 in cash in plain view on the desk in front of him. The defendant was arrested, waived his Miranda rights, then directed officers to his car where they…