United States v. Jose De La Rosa-Rodriguez, Jose De La Rosa-Rodriguez v. United States

41 F.3d 1514 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose DE LA ROSA-RODRIGUEZ, Defendant-Appellant. Jose DE LA ROSA-RODRIGUEZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Nos. 94-50114, 94-55522. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1994. * Decided Nov. 10, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 In these consolidated appeals, Jose De La Rosa-Rodriguez appeals pro se the district court's denial of both his Fed.R.Crim.P. 41(e) motion for the return of seized property and his 28 U.S.C. Sec. 2255 motion to vacate his pre-United States Sentencing Guidelines sentence. We have jurisdiction under 28 U.S.C. Secs. 1291 , 2255 and affirm. A. Fed.R.Crim.P. 41(e) 3 The district court denied De La Rosa-Rodriguez's pro se Rule 41(e) motion seeking return of property allegedly taken from his home, his restaurant and his safety…