United States v. James Aaron Brown

101 F.3d 706 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Aaron BROWN, Defendant-Appellant. No. 95-50599. United States Court of Appeals, Ninth Circuit. Submitted Nov. 7, 1996. * Decided Nov. 14, 1996. 1 Before: FERNANDEZ and HAWKINS, Circuit Judges, and SCHWARZER, ** Senior District Judge. 2 MEMORANDUM *** 3 Brown appeals from the judgment and sentence entered upon his plea of guilty to one count of distribution of crack cocaine. His sole ground of appeal is ineffective assistance of counsel in violation of the Sixth Amendment. Brown's argument rests on his trial counsel's failure to file a motion for discovery to support his claim of selective prosecution within the time set by the district court for the filing of motions and on counsel's inadequate preparation and performance at the hearing on the motion to continue the date for filing the motion. 4 Under Strickland v. Washington, 466 U.S. 668, 694 (1984), a…