United States v. Juan D. Vega, Jr.

972 F.2d 1347 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, Respondent-Appellee, v. Juan D. VEGA, Jr., Petitioner-Appellant. No. 91-35135. United States Court of Appeals, Ninth Circuit. Submitted Aug. 21, 1992. * Decided Aug. 26, 1992. Before EUGENE A. WRIGHT, BEEZER and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Juan Vega, appearing pro se, petitioned the district court for a writ of habeas corpus pursuant to 28 U.S.C. § 2255 . Vega claimed that his guilty plea was unlawfully procured and that the district court failed to instruct him correctly on the maximum sentence. The district court, after reviewing the record and the report and recommendation of the Magistrate Judge, denied the section 2255 motion without an evidentiary hearing and denied defendant's motion for summary judgment. In addition to challenging the district court's decision on his claims below, Vega claims for the first time on appeal that he had ineffective assistance of…