Amilcar A.J. Marchetti v. United States

977 F.2d 590 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Amilcar A.J. MARCHETTI, Petitioner-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 91-56038. United States Court of Appeals, Ninth Circuit. Submitted July 7, 1992. * Decided Oct. 2, 1992. Before FLETCHER, O'SCANNLAIN and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Amilcar Marchetti appeals the district court's summary denial of his motion to vacate his conviction under 28 U.S.C. § 2255 . While we affirm the district court's decision with respect to most of the issues Marchetti raises, we remand for an evidentiary hearing on his claim that his counsel provided ineffective assistance in giving him incorrect advice on the effect of a plea agreement. FACTS 3 Together with several other defendants, Marchetti was indicted for participation in a conspiracy to set up a cocaine processing laboratory. After a jury trial, he was convicted of conspiracy to import narcotics ( 21 U.S.C. § 963 ),…