United States v. Charles Frank Johnson

97 F.3d 1462 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Charles Frank JOHNSON, Defendant-Appellant. No. 95-56498. United States Court of Appeals, Ninth Circuit. Submitted Sept. 10, 1996. * Decided Sept. 13, 1996. Before: FLETCHER, BRUNETTI and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Charles Frank Johnson appeals pro se the district court's denial of his second 28 U.S.C. § 2255 motion to vacate his conviction and sentence for conspiracy and narcotics violations. The district court had jurisdiction under 28 U.S.C. § 2255 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we review the denial of Johnson's § 2255 motion de novo. United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990). We affirm. 3 Johnson's second habeas petition to the district court asserts an ineffective assistance of counsel claim based on his trial counsel's failure to investigate, develop and present an entrapment…