United States v. Larry J. Lummus

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Larry J. LUMMUS, Defendant-Appellant. No. 96-15843. 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 Larry J. Lummus, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his 132-month sentence imposed following his jury trial conviction for one count of conspiring to distribute methamphetamine ( 21 U.S.C. §§ 841 and 846) and four counts of possessing with the intent to distribute and distribution of methamphetamine ( 21 U.S.C. § 841 ). 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 Lummus contends here that: (1) his sentence was improperly calculated because the…