Charles J. Oltarzewski, Jr. v. Joe Martinez

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 J. OLTARZEWSKI, Jr., Petitioner-Appellant, v. Joe MARTINEZ, et al., Respondent-Appellee. No. 94-15751. United States Court of Appeals, Ninth Circuit. Submitted Feb. 17, 1995. * Decided March 3, 1995. Before: HUG, FARRIS, and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 Charles Oltarzewski appeals pro se the district court's denial of his petition for a writ of habeas corpus. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo the district court's decision to deny the petition, Hendricks v. Zenon, 993 F.2d 664, 668 (9th Cir.1993), and we affirm. 3 * Oltarzewski contends that he was denied the effective assistance of counsel at the trial and appellate levels. Under the familiar Strickland test, Oltarzewski must establish both deficient performance by counsel and that that deficiency prejudiced him. Strickland v. Washington, 466 U.S. 668, 687 (1984). The same analysis applies to ineffectiveness…