United States v. Sonnie Davis, III

46 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, Plaintiff-Appellee, v. Sonnie DAVIS, III, Defendant-Appellant. No. 93-16124. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 25, 1995. * Decided: Jan. 30, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Sonnie E. Davis III, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2255 petition. He contends the district court erred by denying his ineffective assistance of counsel claim. We have jurisdiction pursuant to 28 U.S.C. Sec. 2255 . After accepting the district court's factual findings unless clearly erroneous and reviewing its conclusions of law de novo, Doganiere v. United States, 914 F.2d 165, 167 (9th Cir. 1990), cert. denied, 499 U.S. 940 (1991), we affirm. 3 In order to demonstrate ineffective assistance of counsel, a section 2255 movant must establish that counsel's performance was…