Roberto Carrasco-Gutierrez 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roberto CARRASCO-GUTIERREZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-36786. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1993. * Decided Aug. 31, 1993. Before: PREGERSON, BRUNETTI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Roberto Carrasco-Gutierrez appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review de novo, United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987), and affirm. 3 Petitioner pleaded guilty to one count of distribution of a controlled substance on September 25, 1990. He was represented by counsel, and did not file an appeal. On April 17, 1992, he filed his section 2255 motion, which the district court denied without a hearing. 4 Section 2255 requires the district court to conduct an evidentiary hearing "[u]nless the motion and files and records of the case…