Mohr

MEMORANDUM ***

Thadius Lewis Mohr appeals his conviction of armed bank robbery, 18 U.S.C. §§ 2113 (a) and (d); use of a firearm during a violent crime, 18 U.S.C. § 924 (c); and felon in possession of a firearm, 18 *605 U.S.C. §§ 922 (g)(1) and 924(e). His principal contention is that he was denied the effective assistance of counsel, citing two grounds.

The first ground rests on counsel’s failure to move to suppress evidence discovered during a warrantless search. The search consisted of an external inspection of a Ford Mustang suspected as the getaway car and disclosed external damage and the warmth of the hood. Because the car was parked on a relatively short driveway next to Mohr’s residence and in plain view from the street, Mohr had no reasonable expectation of privacy. United States v. Humphries, 636 F.2d 1172, 1179 (9th Cir.1980). Moreover, Mohr had no reasonable expectation of privacy as to the exteri- or of the car. New York v. Class, 475 U.S. 106, 114 , 106 S.Ct. 960 , 89 L.Ed.2d 81 (1986). Because Mohr has failed to show either inadequate performance of counsel or resulting prejudice, the district court did not err in failing to hold an evidentiary hearing. See…