Thomas Joseph Castillo v. United States

52 F.3d 332 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas Joseph CASTILLO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 94-56573. United States Court of Appeals, Ninth Circuit. Submitted April 4, 1995. * Decided April 10, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Castillo appeals pro se the denial of his second 28 U.S.C. Sec. 2255 motion. Castillo challenges the ten year mandatory minimum sentence imposed following his conviction for conspiracy to possess with intent to distribute and possession of over three thousand grams of methamphetamine. We review de novo. Grady v. United States, 929 F.2d 468, 470 (9th Cir.1991). We affirm. 3 Castillo first argues that the typographical error in the penalty statute at the time he was sentenced rendered the statute ambiguous because a crime involving one hundred grams or more of a mixture containing methamphetamine triggered both the five year and…