Manuel J. Silva v. Eddie Myers, Warden

990 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Manuel J. SILVA, Petitioner-Appellant, v. Eddie MYERS, Warden, Respondent-Appellee. No. 92-16764. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1993. * Decided April 14, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Manuel J. Silva, a California state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. Silva pleaded guilty to three counts of oral copulation with a child under age fourteen, one count of forcible lewd and lascivious acts on a child under age fourteen, one count of forcible genital penetration with a foreign object, and one count of rape. He claimed in his habeas petition, and contends on appeal, that he received ineffective assistance of counsel because his counsel failed to obtain the certificate of probable cause necessary to proceed on appeal. We have jurisdiction under 28 U.S.C. § 2253 . We…