United States v. Antonio Espinoza Perez

97 F.3d 1461 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio Espinoza PEREZ, Defendant-Appellant. No. 96-35090. United States Court of Appeals, Ninth Circuit. Submitted Sept. 23, 1996. * Decided Sept. 25, 1996. Before: FLETCHER, BRUNETTI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Antonio Espinoza Perez appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his 57-month sentence for distribution of cocaine in violation of 21 U.S.C. § 841 (a)(1). Perez contends that: (1) the district court erred by using an incorrect version of the Sentencing Guidelines to determine his sentence and by failing to give him a three-level adjustment for acceptance of responsibility; (2) his counsel was ineffective for failing to object to the district court's use of incorrect Guidelines; (3) his counsel was ineffective for failing to seek a three-level adjustment for acceptance of responsibility;…