United States v. John M. Haraguchi

66 F.3d 336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John M. HARAGUCHI, Defendant-Appellant. No. 95-15251. United States Court of Appeals, Ninth Circuit. Submitted Sept. 5, 1995. * Decided Sept. 8, 1995. Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 John Mitsuo Haraguchi, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside or correct his sentence. Haraguchi contends that the district court erred (1) by denying his claim that he received ineffective assistance of counsel, (2) by considering his criminal history twice, once at sentencing and again when ruling on the government's Rule 35 motion, and (3) by failing to grant the sentence reduction recommended by the government's Fed.R.Crim.P. 35(b) motion. We have jurisdiction under 28 U.S.C. Sec. 2255 , and we affirm. 3 We review de novo the denial of a Sec. 2255 motion.…