United States v. Anthony John Sposato

42 F.3d 1404 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, Petitioner-Appellee, v. Anthony John SPOSATO, Respondent-Appellant. No. 94-55465. 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 Anthony Sposato, a federal prisoner, appeals pro se the district court's summary dismissal of his second 28 U.S.C. Sec. 2255 motion to vacate his 121-month sentence imposed following his conviction for distribution of cocaine, in violation of 21 U.S.C. Sec. 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. Sec. 2255 . We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and affirm. 1 3 In the instant Sec. 2255 motion, Sposato contends that he was denied the effective assistance of trial counsel because his attorney did not argue that he was incapable of producing the negotiated amount of cocaine. Sposato…