United States v. Joseph A. De Monte

97 F.3d 1461 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joseph A. DE MONTE, Defendant-Appellant. No. 96-15163. United States Court of Appeals, Ninth Circuit. Submitted Sept. 23, 1996. * Decided Sept. 25, 1996. Before: FLETCHER, BRUNETTI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Joseph A. De Monte appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his 12-year sentence imposed following his guilty plea to conspiracy in violation of 18 U.S.C. § 371 and wire fraud in violation of 18 U.S.C. § 1343 . De Monte contends that: (1) he should be sentenced pursuant to the Sentencing Guidelines; (2) his sentence is cruel and unusual; (3) he pled guilty based on his attorney's incorrect advice regarding sentencing; and (4) he is entitled to "good time" credits. 1 We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2255. We review de novo, Sanchez v. United States, 50…