United States v. Ronald Daryl McDonald

103 F.3d 142 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ronald Daryl McDONALD, Defendant-Appellant. No. 96-15150. 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 Ronald Daryl McDonald, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his conviction and sentence. McDonald pleaded guilty to possessing a firearm after having been previously convicted of a felony ( 18 U.S.C. § 922 (g)(1). He contends that: (1) his section 922(g)(1) conviction should be vacated because it is predicated upon a prior state conviction that was first reduced to a misdemeanor and subsequently expunged; (2) the sentencing court engaged in impermissible double counting by using the same prior conviction to both enhance his offense level and to calculate his…