Legal Opinion
UNITED STATES of America, Plaintiff-Appellee, v. Frank Charles McMULLEN, Jr., Defendant-Appellant
Court of Appeals for the Ninth Circuit
Decided October 23, 1996No. 95-36031PublishedCited by 105 opinions
1Opinion of the Court
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 argues that the probation officer who prepared the presentence report improperly assumed that McMullen possessed D-methamphetamine rather…
2Cases cited15 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Marcus T. Baumann v. United StatesCourt of Appeals for the Ninth Circuit · 1982
- United States v. Michael Leslie BlaylockCourt of Appeals for the Ninth Circuit · 1994
- Daniel Eugene Frazer v. United StatesCourt of Appeals for the Ninth Circuit · 1994
- United States v. Gerald M. Schaflander, United States of America v. Stephen M. WrightCourt of Appeals for the Ninth Circuit · 1984
10 more not listed; retrieve them via the Exa API.
3Cited by105 opinions
- Ignacio Alberto ORTIZ, Petitioner-Appellant, v. Terry STEWART, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1998
- Abraham Gladney, Jr. v. Pendleton Correctional Facility and Indiana Department of CorrectionsCourt of Appeals for the Seventh Circuit · 2002
- United States v. William L. Scholl, United States of America v. William L. SchollCourt of Appeals for the Ninth Circuit · 1999
- United States v. Darren Eugene HendersonCourt of Appeals for the Ninth Circuit · 2001
- United States v. Ruben Zuno-ArceCourt of Appeals for the Ninth Circuit · 2003
100 more not listed; retrieve them via the Exa API.