United States v. Gary Lee Middleton

86 F.3d 1164 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gary Lee MIDDLETON, Defendant-Appellant. No. 95-30120. United States Court of Appeals, Ninth Circuit. Submitted May 20, 1996. * Decided May 29, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Gary Lee Middleton appeals pro se the district court's findings of fact related to sentencing, amended pursuant to our limited remand following Middleton's 1995 motion for relief under 28 U.S.C. § 2255 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 Middleton asserts that the district court's amended findings are still erroneous, and that he should have received a hearing. The government reminds us that Middleton waived his right to appeal sentencing issues and that, in any event, factual disputes surrounding such issues "are not generally reviewable by means of a § 2255 petition." United States v.…