United States v. Anthony Keith Allen, Aka: Tony Mitchell

892 F.2d 1047 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Anthony Keith ALLEN, aka: Tony Mitchell, Defendant-Appellant. No. 88-15418. United States Court of Appeals, Ninth Circuit. Submitted July 25, 1989. * Decided Dec. 21, 1989. Before JAMES R. BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Allen appeals pro se the district court's denial of his motion to vacate his sentence under 28 U.S.C. § 2255 , alleging that he was denied effective assistance of counsel and that his sentence was illegal under Fed.R.Crim.P. 32. 3 Allen was not deprived of the direct appeal of his conviction due to ineffectiveness of counsel. The record establishes that counsel withdrew the appeal with Allen's express written consent. Allen has failed to demonstrate either that his counsel's conduct "fell below an objective standard of reasonableness," or that there is a reasonable probability that, but for counsel's alleged…