United States v. James Stanley Fox

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Stanley FOX, Defendant-Appellant. No. 96-35063. 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 James Stanley Fox, a federal prisoner, appeals pro se the district court's order denying Fox's second motion pursuant to 28 U.S.C. § 2255 to reduce his sentence imposed following his guilty plea to three counts of distribution of over five grams of cocaine base in violation of 21 U.S.C. § 841 (a)(1). 3 The district court properly rejected Fox's challenge to the constitutionality of the Sentencing Guidelines' disparate treatment of crack cocaine and powder cocaine. See United States v. Jackson, 84 F.3d 1154, 1159-61 (9th Cir.1995), cert. denied 1996 WL 604206 (U.S. Nov. 12, 1996). The district court also properly ruled that Fox was not…