Perry Bernard Warthan v. E. Myers, Superintendent

46 F.3d 1149 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Perry Bernard WARTHAN, Petitioner-Appellant, v. E. MYERS, Superintendent, Respondent-Appellee. No. 94-15952. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 25, 1995. * Jan. 30, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Perry Bernard Warthan, a California state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. Warthan contends that he was denied effective assistance of counsel when his attorney failed to investigate a diminished capacity defense based upon his long history of substance abuse. Following an evidentiary hearing, the district court denied the petition for writ of habeas corpus. We have jurisdiction under 28 U.S.C. Sec. 1291 and 28 U.S.C. Sec. 2253 , and we affirm. 3 We review de novo the district court's denial of a habeas corpus petition. Sanders v. Ratelle, 21 F.3d 1446, 1451…