Fahim Al-Qaadir, AKA Lejohn Reese v. Michael Gallegos, Superintendent

56 F.3d 70 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Fahim AL-QAADIR, aka LeJohn Reese, Petitioner-Appellant, v. Michael GALLEGOS, Superintendent, Respondent-Appellee. No. 94-15673. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 15, 1995. Decided June 2, 1995. 1 Before: TANG and O'SCANNLAIN, Circuit Judges; MERHIGE, * District Judge. 2 MEMORANDUM ** 3 Al-Qaadir appeals the denial of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. 4 * As his first ground for federal relief, Al-Qaadir alleges that his trial counsel was ineffective. 5 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). "A tactical decision by counsel with which the…