United States v. Kelly Naples, Jr., United States of America v. Kelly Naples, Jr.

66 F.3d 337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kelly NAPLES, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Kelly NAPLES, Jr., Defendant-Appellant. Nos. 94-10297, 94-15331. United States Court of Appeals, Ninth Circuit. Submitted Sept. 5, 1995. * Decided Sept. 8, 1995. Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 In these companion appeals, Kelly Naples, Jr., appeals pro se his 1991 conviction and the denial of his motion to vacate his sentence under 28 U.S.C. Sec. 2255 . We dismiss No. 94-10297 for lack of appellate jurisdiction. In No. 94-15331, we affirm in part, reverse in part, and remand for further proceedings consistent with this disposition. 3 Following Kelly's plea to four counts of distributing cocaine, the district court imposed a 44-month sentence. Judgment was entered February 19, 1991 and no direct appeal was filed. 4 In June 1993, Kelly…