Corrales-Quintero

MEMORANDUM *

Marcelino Corrales-Quintero, a federal prisoner, appeals the District Court’s denial of his 28 U.S.C. § 2255 petition challenging his conviction by jury trial for conspiracy to distribute cocaine. Count one of Corrales’s indictment charged him with a single conspiracy to distribute cocaine and marijuana. Corrales contends that the jury’s not guilty verdict as to the marijuana part of the conspiracy requires his acquittal on the overall conspiracy. Furthermore, Corrales contends that the special verdict form used by the jury constructively amended count one of his indictment, requiring that his conviction on count one be vacated. Lastly, Corrales claims ineffective assistance of counsel. Both of Corrales’s first two claims lack merit. As a result, his ineffective assistance claim also fails.

We affirm the District Court’s denial of Corrales’s § 2255 petition.

I.

First, Corrales contends that the not guilty verdict as to the marijuana objective on the special verdict form constitutes an implied acquittal as to the overall conspiracy. In United States v. O’Looney, 544 F.2d 385, 391-92 (9th Cir.1976), we held that special verdict forms are allowed when there is one…