Saragosa Jimenez v. United States

43 F.3d 1479 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Saragosa JIMENEZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-30399. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1994. * Decided Dec. 14, 1994. Before: D.W. NELSON, HALL, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Saragosa Jimenez appeals the district court's denial of his motion to correct the presentence report. We construe Jimenez's pro se motion as a challenge to legality of his sentence pursuant to 28 U.S.C. Sec. 2255 . United States v. Leonard, 589 F.2d 470, 471 (9th Cir.1979); see also United States v. Kohl, 972 F.2d 294, 297 (9th Cir.1992). We affirm. 3 Jimenez mistakenly believes that the Sentencing Guidelines apply and that new law affects the calculation of the amount of drugs involved. Jimenez pleaded guilty to an offense committed in July and August 1987, therefore, the Guidelines do not apply. United States v. Rewald, 835 F.2d 215, 216 (9th…