United States v. Paul Thavaj

50 F.3d 18 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Paul THAVAJ, Defendant-Appellant. No. 94-55746. 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 Paul Thavaj, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. He contends the district court erred when, without conducting an evidentiary hearing, it denied his claims that his right to effective assistance of counsel and his Miranda rights were violated. We have jurisdiction pursuant to 28 U.S.C. Sec. 2255 , and we affirm. 3 Ordinarily, we accept the district court's factual findings unless clearly erroneous and review 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). 4 In this case, however, Thavaj claims that his Miranda…