United States v. Patrick McCormick

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Patrick McCORMICK, Defendant-Appellant. No. 95-35789. 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 McCormick appeals from the district court's denial of his petition to vacate his sentence, filed pursuant to 28 U.S.C. § 2255 . McCormick was convicted of conspiring to manufacture marijuana, in violation of 21 U.S.C. § 846 . The district court had jurisdiction pursuant to 28 U.S.C. § 2255 . We have jurisdiction over this timely appeal 1 pursuant to 28 U.S.C. § 1291 . We affirm. 3 McCormick argues that his criminal sentence should be vacated because it violated the Double Jeopardy Clause. We review de novo a district court's denial of a petition to vacate, set aside, or correct a sentence under section 2255. United States…