Ruben Mendoza v. Domingo Uribe, Jr.

MEMORANDUM

In 2007, petitioner Ruben F. Mendoza was convicted and sentenced to life with the possibility of parole after seven years for attempted murder and one year for shooting at an occupied motor vehicle. On timely appeal from the district court’s denial of his 28 U.S.C. § 2254 habeas petition, Mendoza argues that the state court unreasonably held that his trial counsel was not ineffective for failing to bring a motion to suppress the victim’s out-of-court identification of him in a one-on-one show-up several hours after the shooting. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a). Mendoza has neither demonstrated that the state court’s denial of his constitutional claim was contrary to or an unreasonable application of clearly established Supreme Court prece dent — Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. -2052, 80 L.Ed.2d 674 (1984) — nor that it was based on an unreasonable determination of the facts. We affirm.

Mendoza’s ineffective assistance claim fails because it was not unreasonable for the state court to have decided that any suppression motion would not have been granted. The record amply supports the conclusion that Mendoza was not…