Calhoun

MEMDRANDUM **

Federal prisoner Tony Darvis Calhoun appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct the 188-month sentence imposed following his guilty plea convictions for distribution of a controlled substance, in violation of 21 U.S.C. § 841 (a)(1), and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g). We have jurisdiction under 28 U.S.C. § 2253 (c), and we affirm.

A district court’s decision to deny a 28 U.S.C. § 2255 motion is reviewed de novo. United States v. Cruz-Mendoza, 147 F.3d 1069, 1071-72 (9th Cir.), amended, 163 F.3d 1149 (9th Cir.1998). A claim of ineffective assistance of counsel is a mixed question of law and fact that is also reviewed de novo. Id. at 1072.

Calhoun contends that the government engaged in misrepresentation and breached the plea agreement, and that both the government and the court violated his due process rights by permitting a career offender enhancement that increased his sentence beyond the guideline range of 84-105 months incarceration recommended in the plea agreement. These contentions lack merit. The plea agreement pursuant to which Calhoun pleaded…