United States v. Jerry Allen Silva

76 F.3d 390 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jerry Allen SILVA, Defendant-Appellant. No. 95-15539. United States Court of Appeals, Ninth Circuit. Submitted Jan. 23, 1996. * Decided Jan. 25, 1996. Before: ALARCON, HALL, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Jerry Allen Silva, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion attacking his pre-Guidelines sentence of twenty years imprisonment for conspiracy to distribute cocaine and possession of cocaine with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Silva raises the following contentions on appeal: (1) his sentence compared to the sentences received by his co-conspirators is excessive and violates the Eighth Amendment; (2) his sentence should be reduced in light of his rehabilitation; (3) various other factors weigh in favor of a reduction of his sentence; and (4)…