United States v. Michael Ramirez

MEMORANDUM

Defendant Michael Ramirez appeals the district court’s denial of his motion for a new trial on the basis of ineffective assistance of counsel. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

Because the parties discussed the Appellant’s Emergency Motion to Supplement Record on Appeal Due to Newly Produced Evidence at the hearing, we granted the Motion.

This panel reviews de novo claims of ineffective assistance of counsel. United States v. Benlian, 63 F.3d 824, 826 (9th Cir.1995). In Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the Supreme Court established the test for analyzing ineffective assistance of counsel claims. The panel must determine: “(1) whether the performance of counsel was so deficient that he was not functioning as ‘counsel’ as guaranteed under the Sixth Amendment; and (2) whether this deficient performance prejudiced the defendant by depriving him of a fair trial.” United States v. Davis, 36 F.3d 1424, 1433 (9th Cir.1994) (citing Strickland, 466 U.S. at 691-92 , 104 S.Ct.2052). Under Strickland , the panel determines “not what defense…