Avalos-Barriga

United States v. Avalos-Barriga

Good Law
21 F. App'x 626
United States Court of Appeals for the Ninth CircuitOctober 16, 2001No. 00-56999; D.C. No. CV-99-01686-BTM; CR-95-00973-BTMCalifornia740 words

Opinion

Lead Opinion

MEMORANDUM *

Enrique Avalos-Barriga appeals the district court’s order denying his petition for habeas corpus filed under 28 U.S.C. § 2255 . Specifically, Avalos-Barriga challenges the district court’s dismissal of his claims regarding (1) ineffective assistance of counsel at various stages of the proceeding and (2) denial of counsel of his choice. This court has jurisdiction pursuant to 28 U.S.C. § 1291 and 28 U.S.C. § 2253 (a). We affirm.

The only issue this court will consider is the claim of ineffective assistance of counsel at trial. The other claims were not included in the district court’s certificate of appealability (COA), and Avalos-Barriga did not follow the proper procedures to broaden that COA. Under 28 U.S.C. § 2253 (c)(3), a court of appeals has jurisdiction to hear only issues that have been certified in a GOA. Under Circuit Rule 22-1(d), a party must file a motion to broaden a COA within thirty-five days of the district court’s grant of the COA. Rule 22-1 was in effect when the district court granted the COA as to one issue, but Avalos-Barriga did not follow its procedures. Therefore, we may not consider the claims not included in the original COA.…

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