Rufus Aylwin v. United States

21 F.3d 1111 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rufus AYLWIN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 93-55920. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 22, 1994. Before: POOLE, BEEZER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Rufus Aylwin, a federal prisoner, appeals pro se the denial of his 28 U.S.C. Sec. 2255 motion. In 1967, Aylwin pleaded guilty to importation of marijuana and was sentenced to six years imprisonment. He claimed in his Sec. 2255 motion, and contends on appeal, that (1) his 1967 conviction is unconstitutional and although already served, should be vacated, and (2) the Parole Commission incorrectly relied upon the 1967 conviction to increase the sentence he must serve before being eligible for parole on his 1989 conviction. We have jurisdiction under 28 U.S.C. Sec. 2255 . We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th…