United States v. Javier Aaron Dabdoub-Canez

53 F.3d 340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Javier Aaron DABDOUB-CANEZ, Defendant-Appellant. No. 93-17329. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 17, 1995. Decided April 14, 1995. Before: FLETCHER, REINHARDT, and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 Javier Aaron Dabdoub-Canez appeals the district court's denial of his motion to vacate his 120-month sentence for conspiracy to possess and possession of more than five kilograms of cocaine. He claims that his right to Due Process was violated by the trial court's failure to determine whether he had been shown his presentence report or had discussed the report with his attorney prior to sentencing. He also seeks an evidentiary hearing to determine whether he received ineffective assistance of counsel. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. BACKGROUND 3 On February 7, 1991, Dabdoub-Canez was convicted…