United States v. Mario Olachea-Jimenes

Good Law
86 F.3d 1164·1996 WL 285707·1996 U.S. App. LEXIS 41948
United States Court of Appeals for the Ninth CircuitMay 29, 199695-55132California1,258 words

Opinion

Opinion

86 F.3d 1164 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mario OLACHEA-JIMENES, Defendant-Appellant. No. 95-55132. United States Court of Appeals, Ninth Circuit. Submitted May 20, 1996. * Decided May 29, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Mario Olachea-Jimenes appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate and set aside his guilty plea conviction and sentence for conspiracy to possess heroin with intent to distribute in violation of 21 U.S.C. §§ 846 , 841(a)(1). Olachea-Jimenes contends the district court erred by finding without an evidentiary hearing that he received effective assistance of counsel and that his guilty plea was knowing and voluntary. We have jurisdiction under 28 U.S.C. §§ 1291 , 2255, and we affirm. 3 We review de novo the denial of a section 2255 motion, and for an abuse of…

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