United States v. Kenneth Edward Bowers

94 F.3d 653 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth Edward BOWERS, Defendant-Appellant. No. 95-56689. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 22, 1996. Before: BROWNING, SCHROEDER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Kenneth Edward Bowers appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. Bowers contends that: (1) he was erroneously sentenced because the government failed to prove he possessed d-methamphetamine, instead of l-methamphetamine; (2) his trial and appellate counsel were ineffective for failing to challenge the lack of proof of the existence of d-methamphetamine at sentencing; (3) the district court erred by denying the § 2255 motion without an evidentiary hearing. We have jurisdiction under § 1291, 2255. We review de novo, Frazer v. United States, 18 F.3d 778, 781 (9th Cir.1994), and…