United States of America, Plaintiff-appellee, v. David Lyle Palmer, Defendant-appellant, 60 F.3d 835 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 60 F.3d 835 (9th Cir. 1995) Submitted June 26, 1995. *Decided June 30, 1995

Before: O'SCANNLAIN, LEAVY and HAWKINS, Circuit Judges.

MEMORANDUM^**

Federal prisoner David Lyle Palmer appeals the district court's denial of his 28 U.S.C. § 2255 motion. We have jurisdiction under 28 U.S.C. § 2255, and we affirm.

Palmer has waived his claim that he is entitled to an additional one-point offense level reduction for acceptance of responsibility because he failed to raise the issue at his sentencing hearing or on direct appeal. See United States v. Schlesinger, 49 F.3d 483, 485 (9th Cir. 1994); United States v. Keller, 902 F.2d 1391, 1393 (9th Cir. 1990). He has also waived his claim that his attorney provided ineffective assistance of counsel at sentencing because he failed to raise the issue in his Sec. 2255 motion. See Sanchez v. United States, 50 F.3d 1448, 1456 (9th Cir. 1995).

AFFIRMED.

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir. R. 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 9th Cir. R. 36-3

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