United States v. James Vernon Mageean

2 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Vernon MAGEEAN, Defendant-Appellant. No. 92-16766. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 17, 1993. Decided Aug. 12, 1993. Before: FAIRCHILD, * BEEZER, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 James Vernon Mageean was convicted in district court of conspiring to manufacture and distribute a controlled substance in violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. Secs. 1962 (c) & (d). Following his conviction, Mageean filed a Sec. 2255 motion to vacate his sentence claiming that the prosecution withheld evidence which he could have used to impeach the testimony of three of the government's witnesses, and that the prosecution knowingly allowed the use of perjured testimony. The district court denied the motion on the ground that, whatever prosecutorial misconduct occurred, there was not a…