Winston

MEMORANDUM **

Petitioner Elcie Winston appeals the district court’s order denying his 28 U.S.C. § 2255 petition to set aside his conviction on the ground that he was denied effective assistance of counsel.

A defendant claiming ineffective assistance of counsel must demonstrate both that (1) counsel’s performance was so deficient as to fall outside the range of reason *613 able professional assistance and (2) there is a reasonable probability that but for counsel’s errors, the result of the proceeding would have been different. Kimmelman v. Morrison, 477 U.S. 365, 381 , 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986).

I. Performance of Counsel

A. Winston’s belief that he owned the 109th Place properties

Winston argues that his trial counsel should have presented evidence to corroborate his testimony that he believed that he owned the 109th Place properties at the time of the loan applications.

The 1995 letter disclosing the quitclaim deed to Union Bank is largely irrelevant. Winston does not dispute that the quitclaim deed was not disclosed on his Union Bank loan application. The fact that it was later disclosed in a letter does not support his contention that the loan would have been…