United States v. Angel Raul Diaz

977 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Angel Raul DIAZ, Defendant-Appellant. No. 91-10556. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Sept. 28, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Angel Raul Diaz appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. Diaz contends that he was denied effective assistance of counsel on direct appeal because his attorney did not adequately argue that insufficient evidence supported the conviction and failed to raise an equal protection argument. He also contends that he was denied equal protection because he was sentenced more harshly than two coconspirators of a different race. He further contends that the district court should have permitted him to respond to the government's answer to the section 2255 motion, and that the…