United States v. Lawrence Warren Smith, A/K/A James Irvin Potts

26 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lawrence Warren SMITH, a/k/a James Irvin Potts, Defendant-Appellant. No. 93-55827. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1994. * Decided June 7, 1994. 1 Before: BROWNING, and FLETCHER, Circuit Judges, and FITZGERALD, ** District Judge 2 MEMORANDUM *** I. Ineffective Assistance of Counsel 3 Counsel's representation did not fall below an objective standard of reasonableness or result in prejudice. See Strickland v. Washington, 466 U.S. 668, 690, 694 (1984). There is a "strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance." Id. at 689 . A. Vasquez Lane Search 4 Smith's counsel submitted an affidavit to the court stating she did not move to suppress the evidence because such a motion would have been frivolous. See Lowry v. Lewis, No. 93-15267, 1994 WL 113310 (9th Cir.1994) (counsel not…