United States v. Jesus Rodriguez-Lopez

12 F.3d 1110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jesus RODRIGUEZ-LOPEZ, Defendant-Appellant. No. 92-50650. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Dec. 6, 1993. Before: SCHROEDER, D.W. NELSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Jesus Rodriguez-Lopez appeals the district court's sentence under the United States Sentencing Guidelines. The district court initially sentenced Rodriguez-Lopez during the period in which this court held that the United States Sentencing Guidelines were unconstitutional. See Gubiensio-Ortiz v. Kanahele, 871 F.2d 104 (9th Cir.1989). Rodriguez-Lopez later filed a motion under 28 U.S.C. Sec. 2255 to vacate his pre-guidelines sentence and for resentencing pursuant to the guidelines. This appeal arises out of the later sentence imposed pursuant to the guidelines. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3…