United States v. Royston L. Edwards

26 F.3d 133 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Royston L. EDWARDS, Defendant-Appellant. No. 93-35693. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1994. * Decided June 9, 1994. Before: WRIGHT, WIGGINS and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 We previously rejected Royston L. Edwards' argument that he was improperly held accountable under U.S.S.G. Sec. 1B1.3 for coconspirator Douglas' possession of a kilogram of cocaine. United States v. Edwards, Mem.Op. No. 90-30312 (9th Cir. Oct. 24, 1991) (affirming on direct appeal, cocaine possession within scope and kilo foreseeable). He now argues in a Sec. 2255 habeas petition that Judge Kleinfeld failed to decide if the kilo quantity was within the scope of the conspiracy when he sentenced him. 3 Judge Singleton disagreed and dismissed Edwards' petition. We review de novo the denial of a Sec. 2255 petition. Adams v. Peterson, 968 F.2d 835, 843…