United States of America, Plaintiff-appellee, v. Edward J. Holestine, Defendant-appellant, 962 F.2d 15 (9th Cir. 1992)
Annotate this CaseBefore HUG, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges.
MEMORANDUM**
Edward J. Holestine, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence. Holestine challenges his conviction for attempting to possess with intent to distribute approximately four pounds of methamphetamine. We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir. 1990), and we affirm.
Holestine contends that methamphetamine is not a Schedule II controlled substance because 21 U.S.C. § 811(g) (1) specifically excludes Vicks Inhaler and Rynal, which contain methamphetamine, from the schedule of controlled substances. We recently rejected this contention. See United States v. Durham, 941 F.2d 886, 889-90 (9th Cir. 1991). Accordingly, the district court properly denied Holestine's section 2255 motion.
AFFIRMED.
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4. Accordingly, Holestine's request for oral argument is denied
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
