Gabriel Andrade v. United States

9 F.3d 1550 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gabriel ANDRADE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-55102. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 25, 1993. Before: PREGERSON, BRUNETTI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Gabriel Andrade appeals pro se the district court's denial of his 28 U.S.C. § 2255 motior to vacate, set aside or correct his sentence. Andrade challenges the sentence imposed following his guilty plea conviction for conspiracy to possess and distribute over five kilograms of cocaine in violation of 21 U.S.C. §§ 841 (a)(1) & 846. He contends that he received ineffective assistance of counsel at his sentencing hearing. He claims his counsel was ineffective because: (1) he failed to request an evidentiary hearing at sentencing; and (2) he failed to object to errors in Andrade's presentence investigation report. We have…