United States v. Ben Torres

67 F.3d 310 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ben TORRES, Defendant-Appellant. No. 94-17229. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1995. * Decided Sept. 25, 1995. Before: BROWNING, GOODWIN, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Ben Torres appeals the district court's denial of his petition for relief under 28 U.S.C. Sec. 2255 . Torres was sentenced to twenty years in prison after he violated the conditions for suspension of a sentence that was imposed in 1987 following his plea of guilty to manufacturing and possessing marijuana. 3 Torres claims that the sentence of twenty years is excessive because he was not aware that his participation in the offense to which he pleaded guilty in 1987 exposed him to a term of imprisonment longer than five years. We have jurisdiction under 28 U.S.C. Sec. 2255 , and we affirm. 4 We review de novo both the district court's denial of a…