Elton L. Smith v. Manfred Maass, Superintendent, Oregon State Penitentiary

999 F.2d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Elton L. SMITH, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 92-36653. United States Court of Appeals, Ninth Circuit. Submitted March 2, 1993. * Decided July 14, 1993. Before CHOY, GOODWIN and SKOPIL, Circuit Judges: 1 MEMORANDUM ** 2 Elton L. Smith appeals the district court's denial of his habeas petition filed pursuant to 28 U.S.C. § 2254 (1988). He contends that the district court should have held an evidentiary hearing and should have concluded that he was denied effective assistance of counsel. We reject these contentions and affirm. DISCUSSION 1. Ineffective Assistance of Counsel 3 To prevail on his claim of ineffective assistance of counsel, Smith must demonstrate both deficient performance by his attorney and prejudice. Strickland v. Washington, 466 U.S. 668, 687-92 (1984). Smith argues that his trial counsel's representation was…