United States v. Byron Branch, Jr.

MEMORANDUM

Byron Branch, Jr., (“Branch”) was convicted in federal court of 31 counts of various drug trafficking, money laundering, and related conspiracy offenses. He was sentenced to the statutory mandatory minimum of life imprisonment. Both his conviction and his sentence were upheld on appeal. Branch moved to set aside his conviction pursuant to 28 U.S.C. § 2255 . The district court denied the motion. Branch timely appealed. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.

“A district court’s denial of a petition for writ of habeas corpus is reviewed de novo. ” Mendoza v. Carey, 449 F.3d 1065, 1068 (9th Cir.2006). The Sixth Amendment guarantees a criminal defendant’s right to the effective assistance of counsel. Yarborough v. Gentry, 540 U.S. 1, 5 , 124 S.Ct. 1 , 157 L.Ed.2d 1 (2003) (per curiam). This right is violated when i) defense counsel’s performance falls below an objective standard of reasonableness under prevailing professional norms, and ii) counsel’s errors seriously prejudice the defendant. Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). To show prejudice, “[t]he defendant must show that there is a…