Andres Carrasco-Aragon v. United States

5 F.3d 535 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Andres CARRASCO-ARAGON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-36727. United States Court of Appeals, Ninth Circuit. Submitted Sept. 2, 1993. * Decided Sept. 7, 1993. Before: WALLACE, Chief Judge, and WRIGHT and NOONAN, Circuit Judges. MEMORANDUM 1 Federal prisoner Carrasco-Aragon appeals from the district court's denial, without an evidentiary hearing, of his second post-conviction collateral attack. He contends that the grand jury that indicted him was not drawn from a fair cross section of the community and excluded Mexican-Americans. The district court had jurisdiction under 28 U.S.C. Sec. 2255 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 . We affirm. 2 We review de novo the district court's denial of a motion brought under 28 U.S.C. Sec. 2255 . United States v. Popoola, 881 F.2d 811, 812 (9th Cir.1989). 3 Carrasco-Aragon's first 28…