United States v. Albert Lee Span, AKA Tony Carter

78 F.3d 596 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Albert Lee SPAN, aka Tony Carter, Defendant-Appellant. No. 95-55939. United States Court of Appeals, Ninth Circuit. Submitted Sept. 27, 1996. * Decided March 5, 1996. Before: PREGERSON, CANBY and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Albert Lee Span appeals the district court's denial of his 28 U.S.C. § 2255 habeas petition challenging his conviction for narcotics violations. Span contends that he received ineffective assistance of counsel when his trial counsel did not present a duress defense. We affirm. 3 To establish ineffective assistance of counsel a defendant must prove that counsel's performance was deficient and that counsel's performance prejudiced the defendant. Strickland v. Washington, 466 U.S. 668, 687 (1984). "Strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually…