U.S. v. McMULLEN

No. 95-36031.

98 F.3d 1155 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Charles McMULLEN, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 23, 1996.


Attorney(s) appearing for the Case

Frank C. McMullen, Sheridan, OR, in pro. per. for defendant-appellant.

John F. Deits, Assistant United States Attorney, Portland, OR, for plaintiff-appellee.

Before: ALDISERT, PREGERSON and D.W. NELSON, Circuit Judges.


ALDISERT, Circuit Judge:

This appeal by Frank Charles McMullen from the denial of his 28 U.S.C. § 2255 motion to vacate his sentence requires us to decide if defendants convicted of possession of methamphetamine with intent to distribute waive their right to challenge on collateral review the sentencing court's finding of the type of methamphetamine involved in their offense when they fail to assert that challenge at sentencing or on direct appeal. Appellant...

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