Gabriel Torquato v. United States

50 F.3d 16 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gabriel TORQUATO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 94-55341. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided March 23, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Gabriel Torquato appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to correct, vacate, or set aside his sentence. Torquato contends that district court erred by rejecting his ineffective assistance of counsel claims without an evidentiary hearing, and by failing to inquire about cause and prejudice for his procedural default. We have jurisdiction under 28 U.S.C. Secs. 1291 , 2255. We review de novo the denial of a section 2255 motion, and for an abuse of discretion the denial of an evidentiary hearing. Frazer v. United States, 18 F.3d 778, 781 (9th Cir.1994). We affirm. 3 In order to prevail on an…