U.S. v. FRY

No. 01-17455.

322 F.3d 1198 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. John William FRY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2003.


Attorney(s) appearing for the Case

Karen C. Winckler, Wright Judd & Winckler, Las Vegas, NV, for the appellant.

Daniel G. Bogden, United States Attorney for the District of Nevada, and Michael S. McGarry, Fraud Section, Criminal Division, United States Department of Justice, for the appellee.

Before SCHROEDER, Chief Judge, GOODWIN and CLIFTON, Circuit Judges.


OPINION

CLIFTON, Circuit Judge.

John William Fry sought habeas relief under 28 U.S.C. § 2255, arguing that his counsel had ineffectively assisted him by not informing him that he could be deported if convicted, and by not objecting to the district court's use of a preponderance-of-the-evidence standard at sentencing. The district court denied the petition. We affirm.

I. BACKGROUND

Fry was a salesperson at Legendary Concepts, where...

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