John Nguyen v. Kathleen Dickenson

MEMORANDUM

John Nguyen appeals the dismissal of his petition for habeas corpus under 28 U.S.C. § 2254 collaterally attacking his conviction for attempted murder under California law. Reviewing the district court’s dismissal de novo, see Carrera v. Ayers, 699 F.3d 1104, 1106 (9th Cir.2012) (en banc), we affirm.

1. The state court reasonably determined that Nguyen did not suffer ineffec tive assistance due to his trial counsel’s failure to present eyewitnesses. See Harrington v. Richter, 562 U.S. 86 , 131 S.Ct. 770, 788 , 178 L.Ed.2d 624 (2011). The burden to demonstrate deficient performance “rests squarely on the defendant,” Burt v. Titlow, - U.S. -, 134 S.Ct. 10, 17 , 187 L.Ed.2d 348 (2013) (citation omitted) (internal quotation marks omitted), and Nguyen did not do so here.

Nguyen’s trial counsel’s declaration states only that he “was not given information about [the eyewitnesses] prior to trial.” Nguyen provided no information to the state court about whether his trial counsel knew or reasonably should have known about these eyewitnesses. Cf. Cannedy v. Adams, 706 F.3d 1148, 1161-62 (9th Cir.2013) (lawyer who declined to interview a clearly identified, potentially favorable…