United States v. David Strange

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David STRANGE, Defendant-Appellant. No. 95-55633. United States Court of Appeals, Ninth Circuit. Submitted Jan. 9, 1996. * Decided Jan. 17, 1996. Before: SNEED, HALL, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 David Strange, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. He was sentenced to 120 months' imprisonment after pleading guilty to possession with intent to distribute 1356 grams of a mixture or substance containing a detectable amount of phencyclidine (PCP). Strange contends that Guidelines' Amendment 484 requires vacation of his sentence, which was based on the entire weight of the PCP mixture rather than the actual weight of the PCP itself. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 Because Strange seeks the retroactive application of an amendment to the Guidelines,…