United States v. Bradley Anthony Wynne

77 F.3d 491 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Bradley Anthony WYNNE, Defendant-Appellant. No. 94-35567. United States Court of Appeals, Ninth Circuit. Submitted Jan. 12, 1996. * Decided Feb. 21, 1996. Before: NOONAN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Bradley Anthony Wynne ("Wynne") appeals, pro se, from the district court's denial of his 28 U.S.C. § 2255 motion challenging his 1991 sentence for possession with intent to distribute methamphetamine, 21 U.S.C. § 841 (a)(1). Wynne contends that the district court misapplied the Sentencing Guidelines by calculating his base offense level for possession of D-methamphetamine rather than L-methamphetamine, and that the government failed to satisfy its burden of establishing that he possessed D-methamphetamine rather than L-methamphetamine. In the alternative, Wynne contends that he received ineffective assistance of counsel. We affirm. 3…