United States v. Simon Castorena Sotelo

53 F.3d 341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Simon Castorena SOTELO, Defendant-Appellant. No. 94-16595. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 28, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. MEMORANDUM ** Simon Castorena Sotelo appeals pro se the district court's dismissal of his petition for relief under 28 U.S.C. Sec. 2255 . Sotelo claims: his plea of guilty to narcotics charges was not voluntary; the government untimely filed an information to raise his mandatory minimum sentences; he did not receive his presentence report 10 days before sentencing as required by Fed.R.Crim.P. 32; he was not advised of his right to appeal; and his attorney provided ineffective assistance. We have jurisdiction under 28 U.S.C. Sec. 2255 , and we affirm. We review de novo a district court's denial of a petition for relief under 28 U.S.C. Sec. 2255 . Grady v.…