United States v. Jesus Felix-Rodriguez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jesus FELIX-RODRIGUEZ, Defendant-Appellant. No. 96-35182. 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 Jesus Felix-Rodriguez, a federal prisoner, appeals pro se the denial of his 28 U.S.C. § 2255 motion and motion for reconsideration. We have jurisdiction pursuant to 28 U.S.C. § 2255 , and we affirm in part and vacate and remand in part. 3 In his section 2255 motion, Felix-Rodriguez sought a sentence reduction based on the erroneous assumption that the Sentencing Guidelines had amended U.S.S.G. § 2D1.1 by eliminating the distinction between "cocaine base" and "cocaine." After the district court denied his motion, Felix-Rodriguez filed a motion for reconsideration seeking leave to withdraw his section 2255 motion or, in the…