United States v. Henry G. Garcia

91 F.3d 156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Henry G. GARCIA, Defendant-Appellant. No. 95-36234. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1996. * Decided July 15, 1996. Before: HUG, Chief Judge, SCHROEDER and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Henry G. Garcia appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his conviction for possessing with the intent to distribute marijuana and cocaine in violation of 21 U.S.C. § 841 (a)(1). Garcia contends that: (1) his conviction violated the Double Jeopardy Clause of the Fifth Amendment and (2) his trial counsel was ineffective for failing to challenge the indictment. We have jurisdiction pursuant to 28 U.S.C. § 2255 . We review de novo, Sanchez v. United States, 50 F.3d 1448, 1451 (9th Cir.1995), and we affirm. 1 3 Garcia contends that his conviction violated the Double…