United States v. Victor Gallardo

15 F.3d 1091 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Victor GALLARDO, Defendant-Appellant. No. 93-10073. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1993. Decided Dec. 22, 1993. 1 Before: KOZINSKI and O'SCANNLAIN, Circuit Judges, and KELLEHER, * District Judge. 2 MEMORANDUM ** 3 Appellant Victor Gallardo appeals his conviction and sentence under 18 U.S.C. Sec. 846 for conspiring to possess with intent to distribute, and distributing, controlled substances, and for using and investing drug proceeds in enterprises affecting interstate and foreign commerce. 4 A. Gallardo claims he was denied effective assistance of counsel. To succeed Gallardo must show his counsel performed deficiently and he was prejudiced as a result. Strickland v. Washington, 466 U.S. 668, 687, 694 (1984). Representation is deficient only if counsel made "material, specific errors and omissions that fall outside the…