Rollow

United States v. Rollow

Good Law
357 F. App'x 966
United States Court of Appeals for the Ninth CircuitDecember 22, 2009No. 09-6121California873 words

Opinion

Lead Opinion

Seymour, J.

ORDER *

Ms. Shirley Rollow seeks a Certificate of Appealability (COA) to overturn the district court’s denial of her petition under 28 U.S.C. § 2255 . For the reasons that follow, we deny her motion and dismiss the appeal.

*967 Ms. Rollow was convicted by jury of conspiring to possess and distribute a listed chemical knowing that it would be manufactured into a controlled substance in violation of 21 U.S.C. § 841 (c)(2), and of structuring transactions to evade reporting requirements in violation of 31 U.S.C. § 5324 (a)(3). The convictions stem from allegations that Ms. Rollow participated in a complex scheme to distribute pseu-doephedrine, a precursor to methamphetamine, within the United States.

Ms. Rollow received an initial sentence of 180 months’ imprisonment, followed by three years of supervised release. On appeal, however, we vacated that sentence and remanded to the district court for re-sentencing in light of the Supreme Court’s decision in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). See United States v. Rollow, 146 Fed.Appx. 290, 294-95 (10th Cir.2005). On remand, the district court imposed a reduced sentence of 160 months’…

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