United States v. James Randel Salyards

42 F.3d 1404 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Randel SALYARDS, Defendant-Appellant. No. 94-35293. United States Court of Appeals, Ninth Circuit. Submitted Oct. 4, 1994. * Decided Oct. 11, 1994. Before: BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 James Randel Salyards, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion challenging his sentence. Salyards was convicted following entry of guilty pleas to conspiracy to distribute and distribution of cocaine in violation of 21 U.S.C. Secs. 841 (a)(1), 846. Salyards contends the sentencing court erred by making a two-level upward adjustment in his offense level based upon its finding that he was an organizer or manager in the offense of conviction. We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and we affirm. 3 The government, citing United States v. Johnson, 988…