Chokchai Krongkiet v. Jeffrey Beard

MEMORANDUM

California state prisoner - Chokchai Krongkiet appeals the denial of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo the district court’s decision to deny his habeas petition, see Clabourne v. Ryan, 745 F.3d 362, 370 (9th Cir.2014), and we affirm.

Krongkiet pleaded guilty to five counts of forcible lewd and lascivious conduct with a child under the age of fourteen pursuant to a plea deal in which he received a sentence of forty years imprisonment. Prior to sentencing, he asked his appointed counsel to file a motion to withdraw his plea, but his counsel refused to do so. On appeal, he argues that his counsel was constitutionally ineffective under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), by: (1) depriving him of absolute control over the decision whether to file a motion to withdraw his guilty plea; and (2) arguing against his interests during the hearing on his request for substitute counsel. We reject the -first claimed error because the Supreme Court has not clearly established that a defendant has absolute control over the decision to file a motion to withdraw his guilty…