Nguyen
United States v. Nguyen
Opinion
Lead Opinion
MEMORANDUM
Mong Hoang Nguyen (Nguyen) seeks relief under 28 U.S.C. § 2255 , alleging that his trial counsel’s failure to move to suppress his alleged confession constituted ineffective assistance of counsel. He also claims that his sentence violates the rule of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). We find that Nguyen was not prejudiced by his counsel’s conduct, and that his sentence does not violate Apprendi . We therefore affirm.
I
We evaluate Nguyen’s ineffective assistance claim according to the standard articulated by the Supreme Court in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). To prevail under Strickland , Nguyen must show both that his counsel’s performance was deficient and that it prejudiced him at trial. We need not reach the first prong of this test because we find no prejudice in the admission of Nguyen’s confession. See id. at 697 , 104 S.Ct. 2052 .
When a criminal defendant claims ineffective assistance of counsel due to a failure to make a motion to suppress, a showing of prejudice requires that he demonstrate that “had the motion been filed, there was a reasonable probability…