JOHNSON v. U.S.

No. 01-16947.

362 F.3d 636 (2004)

Frank Wayne JOHNSON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 2, 2004.


Attorney(s) appearing for the Case

Sung Lee, Assistant Federal Public Defender, Sacramento, CA, for the petitioner-appellant.

Samantha S. Spangler, Assistant United States Attorney, Sacramento, CA, for the respondent-appellee.

Before: SCHROEDER, Chief Judge, THOMAS, and CLIFTON, Circuit Judges.


SCHROEDER, Chief Judge:

Federal prisoner Frank Wayne Johnson appeals from the district court's denial of his 28 U.S.C. § 2255 petition challenging his sentence for possession of methamphetamine with an intent to distribute, in violation of 21 U.S.C. § 841(a)(1). He also claims ineffective assistance of counsel.

In 1993, Johnson was sentenced to 151 months imprisonment to be followed by 60 months of supervised release under the Sentencing Guideline...

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