United States v. Michael Stirn

73 F.3d 371 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael STIRN, Defendant-Appellant. Nos. 94-30288, 95-30016. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 16, 1995. Decided Dec. 20, 1995. 1 Before: REINHARDT and TROTT, Circuit Judges, and TASHIMA, District Judge. * 2 MEMORANDUM ** 3 These are two consolidated appeals by defendant and appellant Michael Stirn ("Stirn") from: (1) a conditional plea of guilty; and (2) the denial, in part, of a motion under 28 U.S.C. Sec. 2255 . These appeals raise two issues. Did the district court err in denying Stirn an evidentiary hearing under Franks v. Delaware, 438 U.S. 154 (1978)? Did the district court err in denying Stirn a hearing on whether his counsel provided effective assistance of counsel? The answer to both questions is no. We have jurisdiction of these timely appeals under 28 U.S.C. Sec. 1291 , and we affirm the judgment and order below.…