Emilio Hernandez-Valenzuela v. United States

985 F.2d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Emilio HERNANDEZ-VALENZUELA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-55779. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Jan. 29, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Emilio Hernandez-Valenzuela appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion and his subsequent motion for reconsideration. Appellant was convicted of smuggling marijuana over the Mexican border in violation of 21 U.S.C. §§ 841 (a)(1), 952, and 960. Appellant contends that (1) the district court interfered with his sixth amendment right to counsel by failing to grant more than a two-day continuance to enable his newly-substituted attorney to prepare for trial; and (2) he was denied a fair trial because a customs inspector asked him who he was just before the trial, thus rendering the…