Anh Bi Lee v. United States

MEMORANDUM

Anh Bi Le (“Le”), a federal prisoner, appeals the district court’s denial of his 28 U.S.C. § 2255 motion alleging ineffective assistance of counsel during the plea bargaining process. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 , 2253, and 2255, and we affirm.

Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), sets forth the two-part standard for evaluating claims of ineffective assistance of counsel. Hill v. Lockhart, 474 U.S. 52, 58 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985). If a defendant fails to meet either prong of the test, the claim of ineffective assistance must be denied. Strickland, 466 U.S. at 700 , 104 S.Ct. 2052 . First, a defendant must show that, considering the totality of the circumstances, counsel’s performance fell below an objective standard of reasonableness. Id. at 687-88 , 104 S.Ct. 2052 . This can be accomplished by a defendant’s identification of acts or omissions that are not the result of reasonable professional judgment. Id. at 690 , 104 S.Ct. 2052 . Second, the defendant must affirmatively prove prejudice by showing that, but for counsel’s unprofessional errors, the result of the proceeding would…