United States v. Jerry Hernandez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jerry HERNANDEZ, Defendant-Appellant. No. 95-56030. 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 Jerry Hernandez appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence. Hernandez contends: (1) he was entitled to a mitigating role adjustment under U.S.S.G. § 3B1.2 for minor or minimal participation, and his post-conviction rehabilitation warranted a reduction of his sentence; (2) his trial counsel provided ineffective assistance by failing to seek a role adjustment; and (3) the district court improperly denied him the opportunity to file a traverse. We have jurisdiction under 28 U.S.C. §§ 1291 and 2255. We review de novo the district court's denial of Hernandez' § 2255…