United States v. Antoine Dewayne Persley

69 F.3d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antoine Dewayne PERSLEY, Defendant-Appellant. No. 94-56089. United States Court of Appeals, Ninth Circuit. Submitted Oct. 24, 1995. * Decided Nov. 1, 1995. Before: BEEZER, THOMPSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Antoine Dewayne Persley, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. Persley contends that: (1) the government failed to prove the existence of cocaine base, (2) the district court erred by refusing to grant a downward adjustment for acceptance of responsibility, and (3) that he received ineffective assistance of counsel when counsel failed to raise these issues on direct appeal. 1 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. United States v. Sanchez, 50 F.3d 1448, 1451-52 (9th Cir.1995). We review for clear…