Andres Fontes Lopez v. United States

17 F.3d 394 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Andres Fontes LOPEZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-16022. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1994. * Decided Feb. 11, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Andres Fontes Lopez (Fontes), a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. We review de novo, United States v. Johnson, 988 F.2d 941, 944 (9th Cir.1993), and we affirm. 3 In 1990, following a jury trial, Fontes was convicted of (1) possession of cocaine with intent to distribute and (2) conspiracy to commit this offense. In his section 2255 motion, Fontes claimed that the evidence presented at trial was insufficient to sustain his convictions. Because Fontes failed to challenge the sufficiency of the evidence on direct appeal, he has procedurally defaulted this claim. See Johnson, 988 F.2d at…