United States v. Robert Dasilva

104 F.3d 366 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert DASILVA, Defendant-Appellant. No. 96-55122. United States Court of Appeals, Ninth Circuit. Submitted Dec. 16, 1996. * Decided Dec. 20, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Robert DaSilva appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate the sentence imposed for his 1989 conviction for conspiracy to manufacture methamphetamine and possession of methamphetamine, in violation of 21 U.S.C. §§ 846 , 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 2255 . We review de novo, Grady v. United States, 929 F.2d 468, 470 (9th Cir.1991) and affirm. 3 DaSilva first contends that the clerical error in the penalty statute at the time he was sentenced rendered the statute ambiguous because a crime involving one hundred grams or more of a mixture containing…