Jimmy Dean Rodgers v. United States

24 F.3d 248 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jimmy Dean RODGERS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-55982. 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 Jimmy Dean Rodgers, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. In 1991, Rodgers pled guilty to possession with intent to distribute methamphetamine and was found guilty after a jury trial of knowingly using and carrying a firearm during and in relation to a drug trafficking crime. He claimed in his Sec. 2255 motion, and contends on appeal, that his counsel provided ineffective assistance. 1 We have jurisdiction under 28 U.S.C. Sec. 2255 . We review de novo, United States v. Swanson, 943 F.2d 1070, 1072 (9th Cir.1991), and vacate and remand. 3 Rodgers contends that the district court erred…