United States v. Michael J. Davis

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael J. DAVIS, Defendant-Appellant. No. 94-35193. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 7, 1995. Decided March 14, 1995. IN PART, REVERSED IN PART. Before: HALL, O'SCANNLAIN and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Michael Davis, a federal prisoner, appeals the district court's refusal to correct his sentence (pursuant to a 28 U.S.C. Sec. 2255 motion) for possession of five kilograms or more of cocaine with intent to distribute, in violation of 18 U.S.C. Secs. 841 (a)(1) and 841(b)(1)(A)(ii)(II), on the grounds that the district court erroneously imposed an obstruction of justice enhancement for his instinctual flight and erroneously used a conviction that stemmed from an indictment by a six person grand jury to enhance his sentence. The government argues in response that relief under Sec. 2255 is barred by Davis's plea…