Micaiah Rey v. United States

DOTY, District Judge.

Micaiah Rey appeals from the district court’s 2 denial of his motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255. We affirm.

I

On May 3, 2007, following a jury trial, Appellant Micaiah Rey was convicted of conspiracy to distribute cocaine base in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1), and 846. The jury specifically found that the conspiracy involved between five and fifty grams of cocaine base. At sentencing, the district court determined, by a preponderance of the evidence, that the conspiracy involved between fifty and 150 grams of cocaine…