Javier Hincapie Sanchez v. United States

Caution
50 F.3d 1448·95 Daily Journal DAR 3544·1995 WL 124623·1995 U.S. App. LEXIS 5544·95 Cal. Daily Op. Serv. 2063
United States Court of Appeals for the Ninth CircuitMarch 21, 199593-56315California3,891 words

Opinion

Opinion

Nelson, J.

Javier Hincapié Sanchez appeals the district court’s denial of his motion under 28 U.S.C. § 2255 to vacate his guilty plea and sentence in his criminal conviction for conspiracy to distribute cocaine, 21 U.S.C. § 846 , and possession with intent to distribute cocaine, 21 U.S.C. § 841 (a)(1). Hincapié Sanchez argues that (1) the government’s actions in this case constituted outrageous government conduct; (2) the prosecution committed a Brady violation by failing to disclose that two men who visited Hincapié Sanchez in prison were government infor mants; (3) these government informants coerced Hincapié Sanchez to plead guilty; (4) the visit by the government informants outside the presence of Hincapié Sanchez’s attorney violated his Sixth Amendment right to counsel; and (5) Hincapié Sanchez’s defense attorney and his attorney for the § 2255 motion provided ineffective assistance of counsel. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

BACKGROUND

In February 1989, the FBI began an investigation of Hincapié Sanchez after two confidential government informants identified him as a drug dealer. Informant Loukas Chris-todoulou introduced Hincapié Sanchez to FBI agent…

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