United States v. Roger Durr

12 F.3d 1109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roger DURR, Defendant, Appellant. No. 90-50486. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 1, 1993. Decided Nov. 19, 1993. Before: FLETCHER, NORRIS, and PREGERSON, Circuit Judges. 1 MEMORANDUM * 2 Appellant Roger Durr was convicted of one count of distribution of phencyclidine in violation of 21 U.S.C. Sec. 841 (a)(1). He was sentenced to 240 months. Durr now appeals his conviction and his sentence, asserting that he was denied effective assistance of counsel. We affirm. I. BACKGROUND A. Factual Background 3 The following facts are not in dispute. On December 14, 1987, a man calling himself "Roger" arranged to sell half a gallon of phencyclidine ("PCP") to two agents of the United States Drug Enforcement Agency (DEA). The man, driving a distinctive gold van registered to Roger Durr, met the agents in a McDonald's parking lot. The…