United States v. David L. Harper

48 F.3d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David L. HARPER, Defendant-Appellant. No. 93-17029. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 23, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner David L. Harper appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. Harper contends that a police officer committed perjury at the pretrial hearing to determine whether probable cause existed to enter his brothers' house to arrest him, and that the officer repeated the perjury at his jury trial. He further alleges that his attorney rendered ineffective assistance by failing to object to the perjury or to reopen the suppression issue. We have jurisdiction and affirm. 3 * Background 4 On January 3, 1989, the California state parole board issued an arrest warrant for Harper. Harper's parole officer did not…