United States v. Lewis Edward Franklin

103 F.3d 141 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lewis Edward FRANKLIN, Defendant-Appellant. No. 96-35262. United States Court of Appeals, Ninth Circuit. Submitted Dec. 2, 1996. * Decided Dec. 06, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Lewis Edward Franklin appeals pro se the district court's denial of his third 21 U.S.C. § 2255 motion to vacate his conviction and sentence for possession with intent to distribute cocaine base in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(A)(iii). Franklin contends that the district court erred by rejecting his contention that he was selectively prosecuted based on his race. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2255. We review de novo the district court's denial of Franklin's motion, Sanchez v. United States, 50 F.3d 1448, 1451-52 (9th Cir.1995), and affirm. 3 A defendant who claims…