Unpublished Disposition, 923 F.2d 862 (9th Cir. 1990)

MEMORANDUM^** 

Rory Abram Levy appeals pro se the denial of his petition under 28 U.S.C. § 2255 (1988). Levy argues the district court should have sentenced him under the United States Sentencing Guidelines ("U.S.S.G." or "Guidelines") though the offense to which he pleaded guilty occurred before the Guidelines became effective. We disagree, and affirm.

* Levy pleaded guilty to making a false statement in connection with purchasing a firearm. 18 U.S.C. §§ 922(a) (6), 924(a) (1) (1988). Levy committed the offense on February 19, 1987, was indicted on July 21, 1988, pleaded guilty on October 11, 1988, and was sentenced on December 15, 1988. The Guidelines became effective on November 1, 1987, over seven months after the offense occurred. Levy theorizes he would have received a more lenient sentence under the Guidelines, and contends the Guidelines should have been applied in his case.

II

We have held the Sentencing Guidelines do not apply to conduct that occurred before November 1, 1987. United States v. Hadley, No. 89-10428, slip op. 13993 at 14004 (9th Cir. Nov. 14, 1990); United States v. Gray, 876 F.2d 1411, 1418 (9th Cir. 1989), cert. denied, 110 S. Ct. 2168 (1990); United States v. Sanclemente-Bejarano, 861 F.2d 206, 210 (9th Cir. 1988); United States v. Rewald, 835 F.2d 215, 216 (9th Cir. 1987). Conduct that was not completed until after November 1, 1987 is covered by the Guidelines, Gray, 876 F.2d at 1418, but Levy's offense took place on a single day well before that date. The district court correctly determined the Guidelines were inapplicable.

AFFIRMED.