United States v. Kevin Daniel Millican

68 F.3d 482 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kevin Daniel MILLICAN, Defendant-Appellant. No. 94-35961. United States Court of Appeals, Ninth Circuit. Submitted Oct. 11, 1995. * Decided Oct. 20, 1995. Before: BEEZER, THOMPSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Kevin Daniel Millican, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to modify, vacate or set aside his 63-month conviction. Millican contends the district court erred by: (1) declining to retroactively apply Amendment 484 of the 1993 version of U.S.S.G. Sec. 2D1.1 to his 1991 conviction; and (2) finding that his guilty plea waives his claim that his sentence violates due process. We have jurisdiction under 28 U.S.C. Sec. 2255 , and we affirm. 3 We review the district court's denial of a 28 U.S.C. Sec. 2255 petition de novo and findings of fact for clear error. United States v. Roberts, 5…