United States v. Larry Gene Eirven

Good Law
990 F.2d 1262·1993 WL 61401·1993 U.S. App. LEXIS 14128
United States Court of Appeals for the Ninth CircuitMarch 8, 199390-50502California1,241 words

Opinion

Opinion

990 F.2d 1262 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Larry Gene EIRVEN, Defendant-Appellant. No. 90-50502. United States Court of Appeals, Ninth Circuit. March 8, 1993. Before WIGGING, KOZINSKI and KLEINFELD, Circuit Judges. MEMORANDUM * Larry Eirven appeals his sentence for bank robbery. We address his obstruction of justice argument in a separate published opinion. We deal with all his remaining arguments in this memorandum. I. Ineffective Assistance of Counsel 1 Eirven alleges his trial lawyer "fail[ed] to present available mitigating information during the sentencing stage and to adequately research the law and prepare a specific plea agreement." Appellant's Brief at 40. This, he contends, constituted ineffective assistance of counsel. Eirven doesn't explain what mitigating information wasn't presented, in what manner the trial lawyer failed to adequately research the law, or why the failure to prepare a…

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