
    Melvin Vernell JOHNSON, Petitioner/Appellant, v. UNITED STATES OF AMERICA, Respondent/Appellee.
    No. 00-30228.
    D.C. No. CR-89-00190-JCC.
    United States Court of Appeals, Ninth Circuit.
    Submitted Feb. 12, 2001.
    
    Decided March 5, 2001.
    Before LEAVY, THOMAS, and RAWLINSON, Circuit Judges.
    
      
      . The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Melvin Vernell Johnson petitions pro se for review of his 1990 conviction and sentence for conspiracy to distribute drugs (21 U.S.C. § 846), one count of distribution of in excess of fifty grams of cocaine base (21 U.S.C. § 841(a)(1)), and thirteen counts of money structuring (18 U.S.C. § 5324).

Johnson asserts that the district court committed jurisdictional error when it convicted and sentenced him for cocaine base/ crack cocaine where the substance has not been scheduled or controlled under 21 U.S.C. §§ 811 or 812 at the time of Johnson’s indictment.

The government asserts that a direct appeal is untimely and that there is no basis to interpret this claim as an action brought under 28 U.S.C. § 2255. We agree. See Fed. RApp. P. 4(b)(1)(A) (criminal defendant’s notice of appeal must be filed in district court within ten days of entry of judgment); United States v. Valdez, 195 F.3d 544, 546 (9th Cir.1999) (applying AEDPA’s one-year statute of limitations to § 2255 motion). Accordingly, we lack jurisdiction to consider this petition.

DENIED. 
      
      . This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
     