Joel Soza Moreno v. United States

24 F.3d 247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joel Soza MORENO, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-16162. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 17, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Joel Soza Moreno, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. Moreno pled guilty to possession of cocaine with intent to distribute and conspiracy to commit that offense in violation of 21 U.S.C. Secs. 841 (a)(1) and 846. He contends the district court erred by denying his claims that (1) the search and his arrest were unlawful; (2) the government, by failing to timely disclose exculpatory material, violated Brady v. United States, 397 U.S. 742, 755 (1970); (3) the government, by failing to preserve telephonic evidence, violated the Jencks Act; and (4) his counsel was ineffective for failing to…