United States of America, Plaintiff-appellee, v. Ralph Darley, Defendant-appellant, 70 F.3d 1280 (9th Cir. 1995)

MEMORANDUM^** 

Ralph Darley appeals the district court's denial of his 28 U.S.C. § 2255 motion challenging his conviction for transporting contraband cigarettes into the State of Washington in violation of the Contraband Cigarette Trafficking Act, 18 U.S.C. § 2341, et seq. We have jurisdiction pursuant to 28 U.S.C. § 2255, and we affirm.

Darley contends that his conviction should be vacated because the district courts have reached conflicting decisions regarding whether the cigarettes transported by his severed codefendants, who engaged in the same activities as Darley, were contraband. We answered that question in the affirmative in United States v. Baker, Nos. 94-30125, 94-30138, 94-30144, slip op. 13047 (9th Cir. Oct. 6, 1995) (upholding the convictions of two of Darley's severed codefendants). Accordingly, the district court properly denied Darley's section 2255 motion.

AFFIRMED.