James
United States v. James
Opinion
Lead Opinion
MEMORANDUM
Masai Majid James, a federal prisoner, appeals pro se denial of his 28 U.S.C. § 2255 motion challenging his conviction for six counts of bank robbery and one count of attempted bank robbery, in violation of 18 U.S.C. § 2113 . We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, see United States v. Alvarez-Tautimez, 160 F.3d 573, 575 (9th Cir.1998), and we affirm.
The district court granted a certificate of appealability to consider whether James’ trial counsel rendered ineffective assistance of counsel. 3 James first contends that his trial counsel was deficient by failing to object to the admission of antedated Federal Deposit Insurance Corporation (FDIC) certificates into evidence to prove the banks’ insured status. We disagree.
The record shows that the antedated certificate of insurance was coupled with a notarized declaration from the assistant executive secretary of the FDIC stating that she could find no record or entry indicating that the banks’ insured status had been terminated prior to the date of the robbery. Because this evidence was sufficient to establish that the *816 banks were federally insured on the date of the robbery, counsel was…