Lesester D. McDaughtery v. United States

5 F.3d 537 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lesester D. MCDAUGHTERY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-56462. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1993. * Decided Sept. 7, 1993. Appeal from the United States District Court for the Central District of California; Nos. CV-92-04042-MRP, CR-89-00918-MRP-5, Mariana R. Pfaelzer, District Judge, Presiding. C.D.Cal. AFFIRMED. Before PREGERSON, BRUNETTI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Lesester D. McDaughtery appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate his sentence. After a jury trial, he was sentenced under the Sentencing Guidelines as a career offender to a prison term of 262 months for distributing crack cocaine within 1000 feet of an elementary school in violation of 21 U.S.C. Sec. 841 (a)(1) and former Sec. 845a (now Sec. 860), and aiding and abetting possession with intent to…