Alfonso Carvajal v. United States

978 F.2d 714 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alfonso CARVAJAL, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 91-56276. United States Court of Appeals, Ninth Circuit. Submitted Sept. 16, 1992. Decided Nov. 3, 1992. 1 Before WIGGINS, KOZINSKI and KLEINFELD Circuit Judges. 2 MEMORANDUM ** 3 Appellant claims his 28 U.S.C. § 2255 motion includes "new information" not addressed in his direct appeal. See United States v. Mouzin, 785 F.2d 682 (9th Cir.), cert. denied sub nom. Carvajal v. United States, 479 U.S. 985 (1986). In Mouzin we held that where an attorney has previously been admitted to the bar, "[n]either suspension nor disbarment invites a per se rule that continued representation in an ongoing trial is constitutionally ineffective." Id. at 698. 4 The only difference between our case and Mouzin--the new information that forms the backbone of this section 2255 action--is that it now appears that Chief Judge Real actually…