United States v. Isaac Matthews

62 F.3d 1426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Isaac MATTHEWS, Defendant-Appellant. No. 94-50601. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1995. * Decided Aug. 7, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Isaac Matthews appeals his jury conviction for conspiracy to commit mail fraud, fraudulent use of access devices and money laundering in violation of 18 U.S.C. Secs. 371 , 1346, 1029, and 1956. Matthews contends that trial counsel was ineffective because counsel failed to file a motion to suppress evidence seized subsequent to a search warrant executed at his residence. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 An ineffective assistance of counsel claim is customarily raised in a collateral attack under 28 U.S.C. Sec. 2255 . United States v. Molina, 934 F.2d 1440, 1447 (1991). However, the merits of an ineffective assistance…