United States v. Eligh Nelson, Jr.

79 F.3d 1155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eligh NELSON, Jr., Defendant-Appellant. No. 95-50114. United States Court of Appeals, Ninth Circuit. Submitted March 12, 1996. * Decided March 18, 1996. Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Eligh Nelson, Jr., appeals pro se the district court's denial of his 18 U.S.C. § 3582 (c)(2) motion. He contends the district court erred when it denied his motion for the retroactive application of U.S.S.G. Amendment 506. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, United States v. Aldana-Ortiz, 6 F.3d 601, 602 (9th Cir.1993) (per curiam), and affirm. 3 Nelson was convicted by jury of three counts of distributing cocaine base and one count of attempting to distribute cocaine base in violation of 21 U.S.C. § 841 (a). On January 29, 1990, the district court sentenced Nelson to 360…