Wann

United States v. Wann

Good Law
11 F. App'x 794
United States Court of Appeals for the Ninth CircuitMarch 30, 2001No. 99-50220; D.C. No. CR-97-00042-AHS-1California729 words

Opinion

Lead Opinion

*795 MEMORANDUM **

1. Ineffective Assistance of Counsel.

Because Wann challenges the finding that his attorney properly advised him on entering the guilty plea and the district court made factual findings regarding the issue, we decide Wann’s ineffective assistance of counsel claim on the merits. See United States v. Robinson, 967 F.2d 287, 290-91 (9th Cir.1992).

Wann received effective assistance of counsel in pleading guilty. Whitaker stated in his affidavit that Wann had read the plea agreement and that they had reviewed the agreement together. Wann testified under oath at the change of plea proceeding that he read and fully understood the plea agreement. The district court carefully reviewed with Wann the terms of the plea agreement and the rights and consequences of pleading guilty. On this basis, the district court discredited Wann’s later assertions that he did not read or fully understand the plea agreement, and found that his plea was entered into voluntarily and intelligently. This finding was not clearly erroneous. See United States v. Signori, 844 F.2d 635, 638-39 (9th Cir.1988).

2. The Alleged Brady Violations.

Wann failed to establish that his Brady rights were…

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