Tinajero-Ortiz v. United States

MURPHY, Circuit Judge.

Victor Manuel Tinajero-Ortiz pled guilty to possession with intent to distribute methamphetamine, and consistent with his plea agreement he was sentenced to 120 months in prison. After his direct appeal was dismissed, Tinajero-Ortiz filed this 28 U.S.C. § 2255 action alleging that his trial counsel was constitutionally ineffective and misled him to believe that by pleading guilty he would receive five years in prison. The district court 1 denied his petition but granted him a certificate of appealability. Tinajero-Ortiz argues that the district court erred by concluding…