United States v. Daniel Moses Longoria, Sr.

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Daniel Moses LONGORIA, Sr., Defendant-Appellant. No. 93-35720. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1995. * Decided March 14, 1995. IN PART, REMANDED IN PART. Before: HALL, O'SCANNLAIN, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Longoria appeals pro se the denial, without an evidentiary hearing, of his 28 U.S.C. Sec. 2255 motion to vacate his sentence. We affirm in part and remand in part. 3 In his section 2255 motion, Longoria claims (1) that his counsel was ineffective; (2) that the government withheld Brady materials from him at sentencing; and (3) that the government breached its plea agreement. 1 In response, the government contends that Longoria's failure to appeal his sentence precludes collateral review of these claims. 4 "[C]onstitutional claims may be raised in collateral proceedings even if the defendant failed to pursue…