James Dale Coates v. Jack McCormick Warden, Montana State Prison

5 F.3d 535 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Dale COATES, Petitioner-Appellant, v. Jack MCCORMICK, Warden, Montana State Prison, Respondent-Appellee. No. 93-35129. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 23, 1993. Before: PREGERSON, BRUNETTI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 James Coates appeals pro se the district court's denial of his petition for a writ of habeas corpus. Coates argues that he is entitled to a presumption of ineffective assistance of counsel because his trial counsel, Bernard Goldman, was a user of cocaine during his representation of Coates. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and 28 U.S.C. Sec. 2253 , and we affirm. 3 The Supreme Court held in Strickland v. Washington, 466 U.S. 668 (1984) that a habeas petitioner who alleges ineffective assistance of counsel must demonstrate that his attorney did not render "reasonably effective assistance," id. at 687 , by…