Jorge Fernandez-Farias v. United States

995 F.2d 231 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jorge FERNANDEZ-FARIAS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-36785. United States Court of Appeals, Ninth Circuit. Submitted March 2, 1993. Decided May 28, 1993. Before: CHOY, GOODWIN and SKOPIL, Circuit Judges: 1 MEMORANDUM * 2 Jorge Fernandez-Farias appeals pro se from a summary dismissal of his motion for habeas relief filed pursuant to 28 U.S.C. § 2255 (1988). In his motion, Fernandez-Farias contends that (1) he was the victim of government entrapment; (2) the district court erroneously calculated the amount of the controlled substance in determining the guideline range; and (3) he should not have had an upward adjustment for his role in the offense. On appeal he also contends that (1) the prosecutor withheld exculpatory evidence and knowingly introduced false evidence; and (2) the indictment failed to state an offense. These latter two issues were not raised…