United States v. John Jingles

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA , No. 08-15634 Plaintiff-Appellee, D.C. Nos. v. 2:04-CV-02090-

FCD-CMK

JOHN WESLEY JINGLES, 2:98-CR-00431-

Defendant-Appellant. FCD-CMK

ORDER

AMENDING

OPINION AND

AMENDED

OPINION

Appeal from the United States District Court for the Eastern District of California Frank C. Damrell, Senior District Judge, Presiding

Argued March 13, 2012 Submitted June 8, 2012—San Francisco, California

Filed June 8, 2012 Amended November 19, 2012

Before: J. Clifford Wallace, Dorothy W. Nelson, and Carlos T. Bea, Circuit Judges. UNITED STATES V . JINGLES

Order; Amended Opinion by Judge Wallace

SUMMARY*

Habeas Corpus

The panel affirmed the district court’s denial of a 28 U.S.C. § 2255 motion to set aside convictions and sentences for two counts of possession with intent to distribute cocaine base.

Jingles contended in his § 2255 motion that the verdict forms constructively amended the indictment in violation of his Fifth Amendment rights by asking the jury to determine whether the substance he possessed was…