United States v. Jose Oscar Rodriguez

97 F.3d 1462 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Oscar RODRIGUEZ, Defendant-Appellant. No. 95-56609. United States Court of Appeals, Ninth Circuit. Submitted Sept. 10, 1996. * Decided Sept. 13, 1996. Before: FLETCHER, BRUNETTI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Jose Oscar Rodriguez appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his 135-month sentence imposed following his guilty plea conviction for conspiring to possess with the intent to distribute two kilograms of cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1). Rodriguez contends that the district court erred by: (1) imposing a two-level increase for firearm possession; (2) imposing a two-level increase for reckless endangerment; and (3) relying on an uncounseled prior conviction in calculating his criminal history category. He also contends that trial and appellate…