Bruce A. Bredeson v. James H. Gomez

59 F.3d 174 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Bruce A. BREDESON, Petitioner-Appellant, v. James H. GOMEZ, Respondent-Appellee. No. 94-16305. United States Court of Appeals, Ninth Circuit. Submitted May 23, 1995. * Decided June 26, 1995. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Bruce A. Bredeson, Jr., a California state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. Bredeson contends that he was denied effective assistance of counsel at his bench trial on a murder charge. In closing arguments, Bredeson's counsel argued that the judge should consider the lesser included offense of manslaughter. Counsel agreed with the judge that to do so, the judge would have to disregard Bredeson's testimony that he had nothing to do with the alleged murder. We agree with the district court that Bredeson has not demonstrated that his counsel's performance was deficient or that he was prejudiced by…