Darrell Wade Smith v. United States

45 F.3d 437 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Darrell Wade SMITH, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 94-35442. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Dec. 27, 1994. Before: SNEED, D.W. NELSON and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Darrell Wade Smith, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 petition. Smith was convicted pursuant to a guilty plea of three counts of bank robbery in violation of 18 U.S.C. Sec. 2113 (a) and was sentenced to 100 months imprisonment. Smith contends that he received ineffective assistance of counsel because his trial counsel failed to discuss the presentence report with him and adequately to challenge the inaccuracies in the presentence report. We have jurisdiction under 28 U.S.C. Sec. 2255 and review de novo a district court's denial of a 28 U.S.C. Sec. 2255 petition. United States v. Angelone,…