Roderick R. Lewis v. United States

9 F.3d 1552 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roderick R. LEWIS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-56433. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1993. * Decided Oct. 22, 1993. Before: BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Roderick R. Lewis appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate, set aside or correct his 121-month sentence. He previously pled guilty to aiding and abetting the distribution of more than fifty grams of a substance containing cocaine base. Lewis contends that the substance to which he pled guilty was cocaine hydrochloride not cocaine base. We review de novo, Grady v. United States, 929 F.2d 468, 470 (9th Cir.1991), and we affirm. 3 First, Lewis claims that the initial lab analysis of the 83.3 gram substance determined that it contained 54.3 grams of cocaine hydrochloride and did not indicate any…