United States v. Guillermo Sierra

17 F.3d 397 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Guillermo SIERRA, Defendant-Appellant. No. 93-35608. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1994. * Decided Feb. 14, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Guillermo Sierra, a federal prisoner, appeals pro se the district court's denial of his second 28 U.S.C. Sec. 2255 motion. Sierra was convicted of six counts of distributing cocaine and one count of possession of an unregistered firearm. He contends that the district court erred by denying his claims that: (1) he was fined contrary to the requirements of 18 U.S.C. Sec. 3572 ; (2) his Fifth Amendment rights were violated when his counsel refused to let him testify; and (3) his sentence was improperly calculated under the guidelines. We have jurisdiction under 28 U.S.C. Sec. 2255 . We review de novo, United States v. Angelone, 894 F.2d 1129, 1130…