United States v. Hugo Herrera-Matus

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Hugo HERRERA-MATUS, Defendant-Appellant. No. 94-50349. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1995. * Decided March 13, 1995. IN PART, VACATED IN PART. MEMORANDUM ** Before: SNEED, POOLE and BRUNETTI, Circuit Judges. 1 Hugo Herrera-Matus, a federal prisoner, appeals pro se the district court's denial of his motion to correct an illegal sentence pursuant to former Fed.R.Crim.P. 35(a). Herrera pleaded guilty in April 1988 to conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. Sec. 846 . He was sentenced in July 1988 to ten years' imprisonment followed by four years' supervised release. At the sentencing hearing, the district judge stated that he would not apply the Sentencing Guidelines because he believed them to be unconstitutional. 1 2 In January 1994, Herrera filed pro se a motion for correction of an…