United States v. David Lee Dean

78 F.3d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David Lee DEAN, Defendant-Appellant. No. 95-55612. United States Court of Appeals, Ninth Circuit. Submitted Feb. 27, 1996. * Decided March 5, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner David Lee Dean appeals pro se the district court's order denying his 28 U.S.C. § 2255 motion to vacate his sentence. Dean contends that his counsel was ineffective by failing to challenge the district court's enhancement of Dean's sentence under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924 (e). Dean contends that his sentence under the ACCA was improper because his prior California burglary conviction was obtained in violation of Dean's right to counsel and because the burglary conviction does not qualify as a crime of violence for purposes of the ACCA. We have jurisdiction under 28 U.S.C. § 1291 and we…