United States v. Johnny Williams

MEMORANDUM

On March 11, 2010, a jury found Johnny M. Williams guilty of violating 18 U.S.C. § 922 (g)(1), being a Felon in Possession of a Firearm. On June 3, 2010, the district court sentenced Williams to a term of imprisonment of 120 months. Williams timely appealed his conviction and, on September 16, 2011, this court affirmed. United States v. Williams, 450 Fed.Appx. 600 (9th Cir. Sept. 16, 2011). Williams now appeals the district court’s order denying his motion to vacate, set aside, or correct the conviction, judgment, and sentence pursuant to 28 U.S.C. § 2255 .

The district court granted a certifícate of appealability as to Appellant’s second claim, which alleged that trial counsel was deficient for not presenting the affirmative defense of “justification.” We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2255(d). We review de novo. See Reynoso v. Giurbino, 462 F.3d 1099, 1108 (9th Cir. 2006).

In order to prevail on a claim of ineffective assistance of counsel, an appellant must establish both (1) that the assistance of trial counsel was constitutionally deficient, and (2) that deficiency prejudiced the defense. Strickland v. Washington, 466 U.S. 668, 687 , 104…