United States v. Alfredo James Kozlowski

48 F.3d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alfredo James KOZLOWSKI, Defendant/Appellant. No. 94-50213. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1995. Decided March 8, 1995. 1 IN PART, VACATED IN PART. 2 Before: BRUNETTI and KOZINSKI, Circuit Judges, and SHADUR, * Senior District Judge. 3 MEMORANDUM ** 4 Alfredo Kozlowski ("Kozlowski") appeals both his conviction and his 240-month sentence on a single count of unarmed bank robbery. In principal part (though not entirely) Kozlowski's complaints stem from the asserted inadequacy of his trial counsel--a lawyer whom Kozlowski tried to shed three times (once on the eve of trial, once after the jury had returned its guilty verdict and then again just before sentencing). 5 But it is seldom in a defendant's best interest to assert constitutionally deficient performance by counsel on a direct appeal. Almost invariably (and this case…