Dwayne Abraham v. Manfred Maass, Superintendent

50 F.3d 13 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dwayne ABRAHAM, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Respondent-Appellee. No. 94-35209. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1995. * Decided March 14, 1995. Before: HALL, O'SCANNLAIN, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Dwayne Abraham, an Oregon prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 petition. We affirm. 3 Abraham contends that his trial counsel was ineffective. To demonstrate ineffective assistance of counsel, a habeas petitioner must show first that counsel's performance fell below that of a reasonable attorney, and second that counsel's errors created a reasonable probability that, but for the errors, the outcome of the proceeding would have been different. Strickland v. Washington, 466 U.S. 668, 687 (1984). 4 In an attempt to satisfy the first prong of Strickland, Abraham points to counsel's failure to persuade…