Theopolis Earl Jackson v. United States

19 F.3d 1440 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Theopolis Earl JACKSON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 93-55999. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided March 1, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Theopolis Earl Jackson, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate his 151-month sentence imposed following his jury conviction for possession with the intent to distribute cocaine base within 1,000 feet of a school, in violation of 21 U.S.C. Secs. 841 (a)(1) and 845. He also appeals the district court's denial of his virtually identical Fed.R.Crim.P. 36 and 32(c)(3)(D) motion. We affirm. STANDARD OF REVIEW 3 We review de novo the district court's denial of a section 2255 motion. United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990). We review for clear error the…