Lance Edward Fleming v. Robert G. Borg

15 F.3d 1084 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lance Edward FLEMING, Petitioner-Appellant, v. Robert G. BORG, Respondent-Appellee. No. 93-15485. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 22, 1993. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Lance Edward Fleming, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition. Fleming contends that: (1) he was denied the effective assistance of counsel in entering his guilty plea; and (2) he was denied the effective assistance of counsel at sentencing. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Hendricks v. Zenon, 993 F.2d 664, 668 (9th Cir.1993) and affirm. 3 Fleming contends that his guilty plea was not knowing, voluntary, and intelligent because his attorney failed to advise Fleming of the potential defense of diminished capacity before Fleming entered his plea.…