Gary P. Barquet v. Manfred Maass, Superintendent, Oregon State Penitentiary

15 F.3d 1083 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary P. BARQUET, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 92-36889. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 31, 1993. Decided Dec. 7, 1993. Before: BROWNING, SCHROEDER, and HALL, Circuit Judges. 1 MEMORANDUM * 2 Gary P. Barquet, an Oregon state prisoner, appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition. The petitioner was charged with murder in Oregon state court, and was sentenced to 75 months in prison after pleading guilty to the lesser included offense of first degree manslaughter. He challenges the sentence. 3 In his petition, Barquet maintains that he was denied effective assistance of counsel in negotiating his plea because his counsel failed to advise him that the 75-month sentence constituted a departure from the presumptive guideline sentence range for first degree…