Manuel F. Candelaria v. Samuel Lewis Grant Woods, Attorney General

81 F.3d 167 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Manuel F. CANDELARIA Petitioner-Appellant, v. Samuel LEWIS; Grant Woods, Attorney General Respondent-Appellees. No. 95-15708. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 14, 1996. Decided March 29, 1996. Before: REINHARDT, THOMPSON, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Candelaria, who was convicted of selling cocaine and sentenced to fifteen-and-three-quarter years, appeals the district court's denial of habeas corpus relief. He contends both that he was denied effective assistance of counsel during the trial and that he was denied due process of law when the trial court failed to instruct on the lesser-included offense of facilitation. We affirm. I. 3 Candelaria raises two arguments in connection with his claim 4 of ineffective assistance of counsel. First, he contends 5 that trial counsel unreasonably failed to investigate the 6 defense of withdrawal. Second, he argues…