Ninh Xuan Nguyen v. Otis T. Thurman, Warden, California Department of Corrections

77 F.3d 489 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ninh Xuan NGUYEN, Petitioner-Appellant, v. Otis T. THURMAN, Warden, California Department of Corrections, Respondent-Appellee. No. 94-56349. United States Court of Appeals, Ninth Circuit. Submitted Feb. 5, 1996. * Decided Feb. 8, 1996. Before: WALLACE, Chief Judge, FERGUSON and T.G. NELSON, Circuit Judges. MEMORANDUM 1 Ninh Xuan Nguyen appeals from the district court's denial of his petition for habeas corpus. The district court had jurisdiction pursuant to 28 U.S.C. § 2254 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 2253 . We review de novo the district court's decision to deny a petition for habeas corpus: Calderon v. Prunty, 59 F.3d 1005, 1008 (9th Cir.1995). We affirm. 2 Nguyen contends that he suffered constitutionally defective assistance of counsel. To establish a cognizable claim for ineffective assistance of counsel, Nguyen must establish that "counsel's conduct so…