United States v. Roberto Maestre

2 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roberto MAESTRE, Defendant-Appellant. No. 93-55186. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided July 7, 1993. Before: CANBY, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Roberto Maestre, a federal prisoner, appeals pro se the denial of his 28 U.S.C. Sec. 2255 motion to vacate his sentence imposed following his conviction for importation of a controlled substance, in violation of 21 U.S.C. Secs. 952 and 960, and possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. Sec. 841 (a)(1). Maestre contends that (1) he was denied effective assistance of counsel at trial because his attorney rendered him unable to choose whether to testify and did not properly cross-examine government witnesses; (2) he was denied effective assistance of counsel because his attorney did not argue on direct…