Javaherpour v. United States

GRIFFIN, Circuit Judge.

Petitioner appeals the district court’s dismissal of his habeas corpus petition and denial of his request for an evidentiary hearing. We affirm. In doing so, we hold that Javaherpour waived his “opportunity-to-plea” ineffective assistance of counsel claim under the “waiver rule” by failing to challenge that claim’s dismissal in his objections to the magistrate’s report and recommendation.

I

A federal jury convicted Javaherpour of one count of conspiracy to manufacture less than fifty grams of methamphetamine in violation of 21 U.S.C. § 846 and two counts of distribution…