United States v. Thomas Reilley, Aka: Joseph Michael Page

99 F.3d 1148 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas REILLEY, aka: Joseph Michael Page, Defendant-Appellant. No. 95-50406. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1996. * Decided Oct. 22, 1996. Before: BRUNETTI, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Reilley appeals his guilty plea conviction and sentence for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). He contends: (1) the statute under which he was convicted is unconstitutionally vague because it uses the term "cocaine," rather than "cocaine hydrochloride;" and (2) the indictment was deficient because it charged him with possession of "cocaine" rather than possession of "cocaine hydrochloride." Reilley also argues that the district court erred: (1) by failing to state specific reasons for imposing a sentence in the middle of the guideline range; (2) by refusing to…