Marciano Barraza Torres v. Eddie Ylst, Warden
Opinion
Opinion
999 F.2d 542 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marciano Barraza TORRES, Petitioner-Appellant, v. Eddie YLST, Warden, Respondent-Appellee. No. 92-16557. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 14, 1993. Decided July 9, 1993. Before LAY, * HUG and SCHROEDER, Circuit Judges. 1 MEMORANDUM ** 2 This is an appeal from the denial of a petition for habeas corpus based upon petitioner's claim that he was denied effective assistance of counsel. The district court correctly analyzed the petition under the standards enunciated by the Supreme Court in Strickland v. Washington, 466 U.S. 668 (1984). On appeal, petitioner contends that he was entitled to a presumption of prejudice. See United States v. Cronic, 466 U.S. 648 (1984). In Cronic, the Supreme Court held that a presumption of prejudice arose when counsel was granted so little time to prepare that he could not possibly have rendered effective assistance. By contrast, here counsel…