United States v. Dean J. Moyer

70 F.3d 121 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dean J. MOYER, Defendant-Appellant, No. 95-55148. United States Court of Appeals, Ninth Circuit. Submitted Oct. 24, 1995. * Decided Nov. 3, 1995. Before: BEEZER, THOMPSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Dean J. Moyer 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 imposed following his guilty plea to manufacturing methamphetamine, in violation of 21 U.S.C. Sec. 841 (a)(1). Moyer contends that he received ineffective assistance of counsel because his attorney failed to request that a sample of the methamphetamine substance taken from Moyer's residence be tested independently and produced at the sentencing hearing. We have jurisdiction pursuant to 28 U.S.C. Sec. 2255 . We review de novo, United States v. Frazer, 18 F.3d 778, 781 (9th Cir.1994), and affirm. 3…