Raymond Eugene Payton v. Manfred Maass, Superintendent

988 F.2d 121 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Raymond Eugene PAYTON, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Respondent-Appellee. No. 92-35153. United States Court of Appeals, Ninth Circuit. Submitted Jan. 8, 1993. * Decided Feb. 23, 1993. Appeal from the United States District Court for the District of Oregon, No. CV-90-6317-HLR (MRH); Michael R. Hogan, Magistrate, Presiding. D.Or. AFFIRMED. Before D.W. NELSON, TROTT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellant, Raymond Eugene Payton ("Payton"), appeals the denial of his habeas corpus petition claiming ineffective assistance of counsel. We affirm. STANDARD OF REVIEW 3 Whether a defendant received ineffective assistance of counsel is a legal question which is reviewed de novo. United States v. Swanson, 943 F.2d 1070, 1072 (9th Cir.1991). INEFFECTIVE ASSISTANCE OF COUNSEL 4 To prove ineffective assistance of counsel, Payton is required to demonstrate that his counsel's acts or…