Johnnie Lee Jones v. United States

41 F.3d 1513 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Johnnie Lee JONES, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 94-55099. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1994. * Decided Nov. 10, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Johnnie Lee Jones, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. Jones was convicted of possession of cocaine with intent to distribute in violation of 21 U.S.C. Sec. 841 (a)(1). He contends the district court erred by denying his claims that he should have received, and counsel was ineffective for failing to argue for, downward departures based upon: (1) past drug use; (2) aberrant behavior; (3) nonviolent first offender status; and (4) the downward departures given the Rodney King defendants. After accepting the district court's factual findings unless clearly erroneous and…