Clifton D. Thomas v. United States

50 F.3d 16 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Clifton D. THOMAS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 94-35192. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1995. * March 13, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Clifton D. Thomas, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence. Thomas contends that the government breached the plea agreement and that the United States Parole Commission erred in establishing his offense severity rating. We review de novo, Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir.), cert. denied, 488 U.S. 982 (1988), and vacate and remand. Jurisdiction 3 Generally, a federal prisoner who is challenging his federal conviction or his federal sentence must file a Sec. 2255 motion with the sentencing court. 28 U.S.C. Sec. 2255 (1988); Tripati, 843…