United States v. Rex Jay Randall

103 F.3d 143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rex Jay RANDALL, Defendant-Appellant. No. 96-35212. 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 Federal prisoner Rex Jay Randall appeals the district court's denial of his 28 U.S.C. § 2255 motion. We review de novo a district court's decision on a § 2255 motion. Sanchez v. United States, 50 F.3d 1448, 1451-52 (9th Cir.1995). We have jurisdiction pursuant to 28 U.S.C. § 2255 , and we affirm. 3 Randall correctly recognizes that he has waived his substantive claim that the government failed to prove at sentencing that he possessed d-methamphetamine and not l-methamphetamine. See United States v. McMullen, No. 95-36031, slip op. at 14013 (9th Cir. Oct. 23, 1996); United States v. Schlesinger, 49 F.3d 483, 485 (9th Cir.1994)…