United States v. Victor Cervantes Martinez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Victor Cervantes MARTINEZ, Defendant-Appellant. No. 95-55848. 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 Victor Cervantes Martinez, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence following his guilty plea conviction for being a deported alien with aggravated felonies in violation of 8 U.S.C. § 1326 (a), (b)(1) and (b)(2). He contends that: (1) 8 U.S.C. § 1326 is unconstitutionally vague; (2) the sentencing court's application of the 1991 Sentencing Guidelines resulted in an ex-post facto violation; and (3) the district court erred by denying his section 2255 motion without first giving him an opportunity to file a traverse and without first holding an…