United States v. Roy L. James

8 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roy L. JAMES, Defendant-Appellant. No. 92-16131. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1993. * Decided Oct. 12, 1993. 1 Before: BROWNING and CANBY, Circuit Judges, and KELLEHER, ** District Judge. 2 MEMORANDUM *** 3 Roy Lee James, a federal prisoner, appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. 4 In June 1989, a jury found James guilty of one count of conspiracy to distribute Phencyclidine (PCP), in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and six counts of distribution of PCP, in violation of 21 U.S.C. § 841 (a)(1). The district court sentenced James to concurrent 120-month sentences on each count. On direct appeal, we affirmed the convictions and sentence. United States v. James, No. 89-10488, unpublished disposition (9th Cir. Oct. 24, 1990). 5 On…