Caron

Caron v. Thompson

Good Law
11 F. App'x 719
United States Court of Appeals for the Ninth CircuitMarch 1, 2001No. 00-35028; D.C. No. CV-97-06088-DCACalifornia571 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner-Appellant Harvey Caron appeals the district court’s denial of his petition for habeas corpus under 28 U.S.C. § 2254 . Petitioner pleaded no contest to murder in Oregon state court, and was sentenced to life in prison with the possibility of parole after 20 years. In his petition, he contends that the performance of his trial counsel constituted ineffective assistance of counsel in violation of the Sixth Amendment. His petition was referred to a magistrate judge, who made findings and a recommendation that petitioner be denied relief on the ground that he had not shown prejudice resulting from his counsel’s alleged ineffective assistance. After de novo review, the district court adopted in all respects the findings and *720 recommendation of the magistrate judge. Petitioner contends on appeal that the district court erred in concluding that he failed to show prejudice.

Petitioner must show that “his trial counsel’s performance fell outside a wide range of reasonableness and that he was prejudiced by that performance.” Weighall v. Middle, 215 F.3d 1058, 1062 (9th Cir.2000). He must demonstrate that there is a “reasonable probability” that if his attorney…

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