Delwood C. Westfall v. United States

17 F.3d 398 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Delwood C. WESTFALL, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 93-35638. United States Court of Appeals, Ninth Circuit. Submitted Dec. 20, 1993. * Decided Jan. 7, 1994. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Delwood C. Westfall, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence. Westfall was convicted of possession of ephedrine, knowing it would be used to manufacture methamphetamine, in violation of 21 U.S.C. Sec. 841 (d)(2). We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, United States v. Johnson, 988 F.2d 941, 943 (9th Cir.1993), and affirm. 3 Westfall contends that his sentence should be recalculated to reflect a November 1, 1991 amendment to the United States Sentencing Guidelines (U.S.S.G. Sec. 2D1.11). This contention lacks merit. 4…