United States v. Daniel Murillo

985 F.2d 576 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Daniel MURILLO, Defendant-Appellant. No. 92-50103. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 11, 1992. Decided Jan. 26, 1993. Appeal from the United States District Court for the Southern District of California, No. CR-91-0618-04-GT; Gordon Thompson, Jr., District Judge, Presiding. Before: JAMES R. BROWNING, SCHROEDER and FLETCHER, Circuit Judges. 1 MEMORANDUM * 2 Appellant Daniel Murillo challenges his conviction for conspiracy to possess cocaine with intent to distribute and possession of cocaine with intent to distribute. The basis for this appeal is threefold: (1) that the prosecutor engaged in misconduct by knowingly presenting false evidence; (2) that the district court erred by denying Murillo's motion for a new trial based on new evidence; and (3) that Murillo's trial counsel's performance was deficient and violated Murillo's…