John Joseph Albano v. Sherman Hatcher

967 F.2d 583 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Joseph ALBANO, Petitioner-Appellant, v. Sherman HATCHER, et al., Respondent-Appellee. No. 90-16774. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1992. * Decided June 16, 1992. Before JAMES R. BROWNING, ALDISERT, ** and PREGERSON, Circuit Judges. 1 MEMORANDUM *** 2 Albano appeals from the district court's order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The district court adopted the magistrate judge's report and recommendation. The magistrate judge rejected Albano's claims that he received ineffective assistance of counsel and that his plea was not voluntary. We affirm. 3 Albano failed to make sufficient factual allegations to overcome the substantial presumption against a claim of ineffective assistance of counsel. See Strickland v. Washington, 466 U.S. 668, 689 (1984). 4 Additionally, the record indicates that Albano entered his plea of guilty voluntarily.…