United States v. Arthur William Mack

995 F.2d 234 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Arthur William MACK, Defendant-Appellant. No. 92-30434. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 8, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Arthur William Mack appeals the denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. Mack pleaded guilty to manufacture of marijuana, in violation of 21 U.S.C. § 841 (a)(1), and was sentenced to 63 months imprisonment and 3 years supervised release. He contends that the district court erred by finding that although trial counsel was deficient in failing to request a downward departure from the Sentencing Guidelines, Mack failed to demonstrate resulting prejudice. We have jurisdiction under 28 U.S.C. § 2255 . We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and affirm. 3…