United States v. Alfredo Grageda-Chavez

95 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alfredo GRAGEDA-CHAVEZ, Defendant-Appellant. No. 95-35662. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1996. * Decided Aug. 26, 1996. Before: WRIGHT, BEEZER and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Alfredo Grageda-Chavez appeals the denial of his 28 U.S.C. § 2255 motion challenging his sentence for distribution and conspiracy to distribute cocaine. Grageda-Chavez contends that the district court erred by finding that he received effective assistance of counsel at sentencing. The government asserts that Grageda-Chavez waived section 2255 review of the sentencing argument by not raising it on direct appeal. We have jurisdiction and we review de novo the district court's denial of a section 2255 motion and for clear error the court's underlying factual findings. See Frazer v. United States, 18 F.3d 778, 781 (9th…