United States of America, Plaintiff-appellee, v. Timothy Robles, Defendant-appellant, 110 F.3d 71 (9th Cir. 1997)

MEMORANDUM^** 

Federal prisoner Timothy Robles appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate or correct his sentence imposed following his guilty plea conviction for distribution of cocaine in violation of 21 U.S.C. § 841(a) (1). We have jurisdiction pursuant to 28 U.S.C. § 2255. We review de novo, Sanchez v. United States, 50 F.3d 1448, 1451-52 (9th Cir. 1995), and affirm.

Robles contends that he was erroneously sentenced under 21 U.S.C. § 841(b) (1) (B) instead of 21 U.S.C. § 841(b) (1) (A). Robles failed, however, to raise this issue either at his sentencing or in his direct appeal. Accordingly, we refuse to consider the issue presented for the first time in Robles' section 2255 motion. See United States v. Schlesinger, 49 F.3d 483, 485 (9th Cir. 1994) (holding that "nonconstitutional sentencing errors that have not been raised on direct appeal have been waived and generally may not be reviewed by way of 28 U.S.C. § 2255").

Accordingly, the district court's denial of Robles' section 2255 motion is

AFFIRMED.