Edward L. Tapia v. United States

42 F.3d 1402 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edward L. TAPIA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 94-55255. United States Court of Appeals, Ninth Circuit. Submitted Oct. 4, 1994. * Decided Oct. 11, 1994. Before: BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Edward L. Tapia, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 petition. 1 Tapia was convicted pursuant to a guilty plea of one count of possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. Sec. 841 (a)(1). Tapia contends that he received ineffective assistance of counsel and the district court erred in not holding an evidentiary hearing on his ineffective assistance claim. We have jurisdiction under 28 U.S.C. Sec. 2255 and affirm. STANDARD OF REVIEW 3 We review de novo a district court's denial of a 28 U.S.C. Sec. 2255 petition. United States v. Angelone, 894 F.2d…