United States v. Frank Chavez

62 F.3d 1425 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frank CHAVEZ, Defendant-Appellant. No. 94-16951. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1995. * Decided Aug. 7, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Frank Chavez, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion following an evidentiary hearing before a magistrate judge. Chavez contends that trial counsel was ineffective because he failed to permit Chavez to testify at trial and because counsel failed to investigate an alibi. Chavez also contends that the prosecutor impermissibly used peremptory strikes to remove four potential jurors. We have jurisdiction under 28 U.S.C. Sec. 2255 , and we affirm. 3 We review a denial of a Sec. 2255 motion de novo. Sanchez v. United States, 50 F.3d 1448, 1451-52 (9th Cir. 1995). We review for clear error a district…