United States v. Mark Matsey

996 F.2d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mark MATSEY, Defendant-Appellant. No. 93-15161. United States Court of Appeals, Ninth Circuit. Submitted June 8, 1993. * Decided June 14, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Mark Matsey, a Nevada state prisoner, appeals pro se the district court's denial in part of his 28 U.S.C. § 2255 motion to vacate, set aside or correct his term of imprisonment following his admission to violating his supervised release. Matsey violated his supervised release by committing wire fraud and use of an unauthorized access device in the District of Hawaii. Matsey contends that the district court erred by recalculating his grade and range for violating his supervised release in violation of the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. He argues that the additional term of imprisonment imposed…