United States v. Robert Matthew Zanzucchi

15 F.3d 1095 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Matthew ZANZUCCHI, Defendant-Appellant. No. 93-15311. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Dec. 6, 1993. Before: SCHROEDER, D.W. NELSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Robert Matthew Zanzucchi appeals pro se the district court's denial of his two consolidated 28 U.S.C. Sec. 2255 motions. Zanzucchi contends that the district court erred by finding that his claims were procedurally defaulted because he did not raise them on direct appeal. We have jurisdiction under 28 U.S.C. Sec. 2255 . We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and affirm. 3 A Sec. 2255 claim is procedurally defaulted if the defendant could have but did not raise it on direct appeal, and the defendant must show cause for the default and resulting prejudice. United States v. Frady, 456 U.S.…