United States v. Allen J. James

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Allen J. JAMES, Defendant-Appellant. No. 96-55164. 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 Allen J. James, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his conviction by guilty plea to possessing with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1). 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 James contends that: (1) his sentence was improperly calculated because the government failed to prove that the substance he possessed was D-methamphetamine as opposed to L-methamphetamine and (2) that his trial counsel was ineffective…