United States v. Carl Wayne Surrell

35 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Carl Wayne SURRELL, Defendant-Appellant. No. 93-16979. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 13, 1994. * Decided Sept. 15, 1994. Before: CHOY, NOONAN, Circuit Judges and MARQUEZ, District Judge. ** MEMORANDUM *** Appellant Carl Wayne Surrell appeals pro se his 1982 conviction for attempting to manufacture methylamine and possessing methylamine with intent to distribute in violation of 18 U.S.C. Secs. 841 (a)(1), 846. Having jurisdiction under 18 U.S.C. Sec. 2255 , we affirm. I. BACKGROUND Surrell's conviction stems from four bottles of methylamine, a controlled substance used in the manufacture of methamphetamine, traced to his home by Drug Enforcement Administration (DEA) agents using an electronic beeper. On September 8, 1981, the DEA, acting on a tip from the Los Angeles-based supplier, installed the beeper in the…