United States v. Barry David Yorkin

967 F.2d 596 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Barry David YORKIN, Defendant-Appellant. No. 91-10292. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1992. * Decided June 12, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Barry David Yorkin, a federal prisoner, appeals the district court's denial of his 28 U.S.C. § 2255 petition to vacate his conviction. Yorkin pleaded guilty in 1990 to possession of a non-registered firearm in violation of 26 U.S.C. §§ 5861 (d), 5871. We review de novo, United States v. Poopola, 881 F.2d 811, 812 (9th Cir.1989), and we affirm. 3 Yorkin alleges that he was denied effective assistance of counsel and his plea was invalid because his counsel failed to move to suppress the illegally possessed weapon and did not inform him that a suppression motion was possible. 4 To demonstrate ineffective assistance of counsel, a…