Sanchez-Garcia

United States v. Sanchez-Garcia

Good Law
104 F. App'x 670
United States Court of Appeals for the Ninth CircuitAugust 13, 2004Nos. 03-35809, 03-35810California271 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated cases, Victor Sanchez-Garcia appeals pro se the district court’s partial denial of his 28 U.S.C. § 2255 motion to vacate his concurrent sentences of 360 months for conspiracy to export a controlled substance, in violation of 21 U.S.C. §§ 963 , 953, and 18 U.S.C. § 2 , and 120 months for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction *671 pursuant to 28 U.S.C. § 2253 , and we affirm.

We deem Sanchez-Garcia’s appeal timely. See United States v. Martin, 226 F.3d 1042, 1048 (9th Cir.2000); Fed. R.App. P. 4(c).

We conclude, however, that the district court did not err in finding that Sanchez-Garcia failed to establish that ineffective assistance of counsel excused procedural default of his speedy trial, pre-indictment delay, and prosecutorial misconduct claims. See United States v. Skurdal, 341 F.3d 921, 925 (9th Cir.2003) (noting that a procedurally defaulted claim may be collaterally reviewed if the defendant demonstrates cause for the default and actual prejudice from the claim of error).

Sanchez-Garcia’s remaining ineffective-assistance claims pertaining to his original sentencing and…

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