Robert Arthur Gutstein, Aka: Robert A. Gutstein, Aka: Robert Gutstein v. United States

86 F.3d 1162 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert Arthur GUTSTEIN, aka: Robert A. Gutstein, aka: Robert Gutstein, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 95-56216. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 1996. Decided May 17, 1996. Before: HALL, O'SCANNLAIN, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Robert Gutstein appeals the district court's denial of his habeas corpus petition in which he alleged that he received ineffective assistance of counsel in his criminal trial on conspiracy, securities fraud, wire fraud, and bank fraud charges. We affirm. 3 * In order to obtain relief on the grounds that he received ineffective assistance of counsel, Gutstein must first prove that his counsel, Joel Levine's performance was "deficient." Strickland v. Washington, 466 U.S. 668, 687 (1984). "This requires showing that counsel made errors so serious that counsel was not functioning as the…