United States v. Johnny Blair Vaughn

51 F.3d 284 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Johnny Blair VAUGHN, Defendant-Appellant. No. 94-50275. United States Court of Appeals, Ninth Circuit. Submitted March 9, 1995. * Decided March 22, 1995. Before: BROWNING, BOOCHEVER, and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 * The record is not sufficiently developed to enable us to decide whether Vaughn was denied effective assistance of counsel because of trial counsel's alleged failure to investigate and interview witnesses. This issue must be raised in a collateral proceeding under 28 U.S.C. Sec. 2255 rather than on direct appeal. United States v. Sitton, 968 F.2d 947, 960 (9th Cir.1992). 3 Vaughn was not deprived of effective assistance of counsel by counsel's failure to obtain evidence relating to his back injury and the prior thefts at the post office. This evidence concerned matters collateral to guilt; Vaughn has failed to show how he was prejudiced by…