United States v. Maria Marleny Loaiza

76 F.3d 389 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Maria Marleny LOAIZA, Defendant-Appellant. No. 95-35026. United States Court of Appeals, Ninth Circuit. Submitted Jan. 23, 1996. * Decided Jan. 26, 1996. Before: ALARCON, HALL, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Maria Marleny Loaiza appeals pro se the district court's denial of her 28 U.S.C. § 2255 motion. Loaiza contends that she received ineffective assistance of counsel during her trial and on appeal and that the district court erred by failing to hold an evidentiary hearing. We have jurisdiction under 28 U.S.C. §§ 1291 , 2255. We review de novo, Sanchez v. United States, 50 F.3d 1448, 1451 (9th Cir.1995), and affirm. 3 In order to prevail on an ineffective assistance of counsel claim, a defendant must show deficient performance by counsel and prejudice to the defense. Strickland v. Washington, 466 U.S. 668, 687…