United States v. Julian Delgado

981 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Julian DELGADO, Defendant-Appellant. No. 92-55388. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 7, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Julian Delgado, a federal prisoner, appeals pro se the district court's denial of his motion to vacate, set aside or correct his sentence, pursuant to 28 U.S.C. § 2255 . The sentence was imposed following his conviction of aiding and abetting an unarmed bank robbery in violation of 18 U.S.C. §§ 2113 (a) and 2(a). 3 Delgado contends that the district court erred by: (1) finding procedurally defaulted his claim that the district court improperly enhanced his sentence by three levels because of his codefendant's possession of a firearm during the robbery and (2) failing to find that he received ineffective assistance of counsel at…