United States v. Steven Scott Fernandes

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Steven Scott FERNANDES, Defendant-Appellant. No. 95-55746. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1996. * Decided Nov. 7, 1996. Before: PREGERSON, REINHARDT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Scott Steven Fernandes, a federal prisoner, appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate his 168-month sentence imposed following his guilty plea conviction for conspiring to manufacture methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) & 846. We have jurisdiction pursuant to 28 U.S.C. § 2255 . We review de novo, Sanchez v. United States, 50 F.3d 1448, 1451-52 (9th Cir.1995), and we affirm. 3 Fernandes contends that: (1) his sentence was improperly calculated because the government failed to prove that the substance he conspired to manufacture was D-methamphetamine as…