Lafromboise

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-35853 Plaintiff-Appellee, D.C. Nos. v.  CV-99-00080-BLG/

JDS

DEAN LAFROMBOISE,

Defendant-Appellant. CR-94-0082-JDS

 OPINION

Appeal from the United States District Court for the District of Montana Jack D. Shanstrom, District Judge, Presiding

Argued and Submitted July 14, 2005—Seattle, Washington

Filed October 26, 2005

Before: A. Wallace Tashima, Richard A. Paez, and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Paez; Dissent by Judge Callahan

14765 UNITED STATES v. LAFROMBOISE 14767

COUNSEL

Wendy Holton, Helena, Montana, for the appellant.

William W. Mercer, Billings, Montana, and John A. Drennan, Washington, DC, for the appellee. 14768 UNITED STATES v. LAFROMBOISE

OPINION

PAEZ, Circuit Judge:

Dean LaFromboise appeals the district court’s order deny- ing his motion for habeas relief under 28 U.S.C. § 2255. LaFromboise challenges his conviction and sentence on sev- eral grounds, including ineffective assistance of counsel, pro- secutorial misconduct, misjoinder of charges, and improper…