United States of America, Respondent-appellee, v. Juan D. Vega, Jr., Petitioner-appellant, 972 F.2d 1347 (9th Cir. 1992)

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U.S. Court of Appeals for the Ninth Circuit - 972 F.2d 1347 (9th Cir. 1992) Submitted Aug. 21, 1992. *Decided Aug. 26, 1992

Before EUGENE A. WRIGHT, BEEZER and LEAVY, Circuit Judges.


MEMORANDUM** 

Juan Vega, appearing pro se, petitioned the district court for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. Vega claimed that his guilty plea was unlawfully procured and that the district court failed to instruct him correctly on the maximum sentence. The district court, after reviewing the record and the report and recommendation of the Magistrate Judge, denied the section 2255 motion without an evidentiary hearing and denied defendant's motion for summary judgment. In addition to challenging the district court's decision on his claims below, Vega claims for the first time on appeal that he had ineffective assistance of counsel.

After reviewing the briefs, the relevant record and the rulings of the Magistrate Judge and the district court, we conclude that each of Vega's claims is baseless. The decision of the district court is

AFFIRMED.

 *

The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3

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