Antonio E. Valdez v. J. Thomas

990 F.2d 1266 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Antonio E. VALDEZ, Petitioner-Appellant, v. J. THOMAS, et. al., Respondents-Appellees. No. 92-15394. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 17, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner Antonio E. Valdez appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition, challenging his jury conviction for aggravated assault. We affirm. 3 Valdez argues that he received ineffective assistance of counsel because his trial attorney failed to object to the prosecutor's closing argument. The prosecutor remarked: 4 I want to first address the almost concession that Mr. Acuna almost made at the end of his remarks. And that was that he almost conceded that you could find the lesser-included offense. 5 I suggest to you folks he wants you to find the lesser-included offense because he…