United States v. Tyrone Ganoe

MEMORANDUM

Defendant Tyrone Ganoe appeals the denial of 28 U.S.C. § 2255 relief from his convictions for receiving and possessing child pornography in violation of 18 U.S.C. § 2252A. We AFFIRM.

We review the denial of § 2255 relief de novo, and the court’s factual findings for clear error. United States v. Alvarez-Tautimez, 160 F.3d 573, 575 (9th Cir.1998). Denial of a discovery request is reviewed for abuse of discretion. Pham v. Terhune, 400 F.3d 740, 741 (9th Cir.2005) (per cu-riam).

1. Ganoe’s trial counsel were not ineffective regarding the forensics examination of Ganoe’s computer.

The Sixth Amendment provides a right to effective counsel, not to effective experts. See Fairbanks v. Ayers, 650 F.3d 1243 , 1252 (9th Cir.2011). Ganoe’s counsel hired well-reputed experts and adequately monitored their performance. On § 2255 review, the district court held an evidentia-ry hearing and found the trial counsels’ testimony about their decisions in the case to be “highly credible.” Thus Ganoe has not established that his attorneys’ representation was deficient in this respect.

2. Ganoe’s trial and appellate counsel did not render ineffective assistance in not raising a double…