Michael Bruce Young, Plaintiff-appellant, v. United States of America, Defendant-appellee, 990 F.2d 1266 (9th Cir. 1993)

MEMORANDUM^** 

The district court denied Young's motion to vacate, correct, or set aside a sentence. We review de novo the district court's denial of a 28 U.S.C. § 2255 motion. See United States v. Freeny, 841 F.2d 1000, 1001 (9th Cir. 1988).

We affirm.

Young argues that the judge sentenced him partly based on errors in his presentence report. Young did not appeal his sentence directly. Thus he can not invoke section 2255 to challenge his sentence. Battaglia v. United States, 428 F.2d 957, 960 (9th Cir.), cert. denied, 400 U.S. 919 (1970).

Young contends that he was denied effective assistance of counsel because his attorney failed to review the presentence report adequately and have it redacted before the judge saw the report. Young's attorney appropriately moved the court to have the errors deleted from the report. The sentencing judge granted the motion. Young's attorney's conduct fell "within the wide range of reasonable professional assistance." See Strickland v. Washington, 466 U.S. 668, 687 (1984).

The government's motion entitled "Government's Motion to Amend Briefing Schedule" filed February 16, 1993, is denied. The government's brief served March 15, 1993 shall be entered into the court's system as lodged.

AFFIRMED.