Unpublished Disposition, 940 F.2d 1537 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 940 F.2d 1537 (9th Cir. 1990)

UNITED STATES of America, Plaintiff-Appellee,v.Douglas Loren MARSH, Defendant-Appellant.

No. 90-16829.

United States Court of Appeals, Ninth Circuit.

Submitted July 29, 1991.* Decided Aug. 1, 1991.

Before FARRIS, ALARCON and THOMAS G. NELSON, Circuit Judges.


MEMORANDUM** 

Douglas Loren Marsh, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his conviction and sentence. Marsh contends that (1) this court erred in affirming his conviction on direct appeal because we "acted against ruling precedent" and (2) the district court's imposition of a three-year term of supervised release is unconstitutional.1  We review de novo. United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir. 1990).

In an unpublished order filed on November 30, 1990, the district court considered and addressed the issues Marsh raises in this appeal. We affirm the denial of his section 2255 motion for the reasons set forth in the district court's order.

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

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

 1

Marsh also requests that this court consider an issue he did not raise in the district court, i.e. whether the Attorney General impermissibly delegated to the Administrator of the Drug Enforcement Administration his authority to temporarily place substances on Schedule I. We reject his request because the Supreme Court recently has decided this issue. See Touby v. United States, 59 U.S.L.W. 4447 (U.S. May 20, 1991)