United States v. Kyu Bum Yoon

91 F.3d 157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kyu Bum YOON, Defendant-Appellant. No. 95-16698. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1996. * Decided June 28, 1996. Before: NOONAN, LEAVY, and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Kyu Bum Yoon appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate his guilty plea conviction for methamphetamine distribution in violation of 21 U.S.C. § 841 . Yoon challenges the constitutionality of 21 U.S.C. § 841 and contends that his criminal conviction is prohibited by the Double Jeopardy Clause. We have jurisdiction under 28 U.S.C. §§ 1291 , 2255, and affirm. A. Constitutionality of Statute 3 We review de novo challenges to the constitutionality of a federal criminal statute. United States v. Davis, 36 F.3d 1424, 1434 (9th Cir.1994), cert. denied, 115 S.Ct. 1147 (1995). 4 Yoon…