Charles Wheeler, Jr. v. James H. Gomez, Director and Theo White

42 F.3d 1404 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles WHEELER, Jr., Plaintiff-Appellant, v. James H. GOMEZ, Director; and Theo White, Defendants-Appellees. No. 94-15447. United States Court of Appeals, Ninth Circuit. Submitted Oct. 21, 1994. * Decided Nov. 14, 1994. 1 Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges 2 MEMORANDUM ** 3 California state prisoner Charles Wheeler, Jr. appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. We agree with the district court that Wheeler failed to establish that his appellate counsel's conduct fell below an objective standard of reasonableness and that he suffered any prejudice as a result of counsel's actions. See Strickland v. Washington, 466 U.S. 668, 688, 694 (1984). Accordingly, we affirm. 4 Counsel's failure to argue on appeal that Wheeler was entitled to a full trial-type hearing on his competence to stand trial under Cal.Penal Code Sec. 1368 was not unreasonable, and…