Calderin

Calderin v. Terhune

Good Law
32 F. App'x 976
United States Court of Appeals for the Ninth CircuitApril 16, 2002No. 00-56295; D.C. No. CV-99-05323-MMM(EE)California225 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner/Appellant Omar Calderin (“Calderin”) appeals the denial of his petition for habeas corpus. Although Calderin asserts an ineffective assistance of counsel claim, he failed to demonstrate prejudice. See Strickland v. Washington, 466 U.S. 668, 691 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); see also Gonzalez v. United States, 33 F.3d 1047,1052 (9th Cir.1994).

Calderin asserts that the circumstantial evidence of his knowledge that controlled substances were in the boxes he transported was not strong, yet admits being told

that at least one box contained marijuana. Under California law, Calderin’s belief that he transported marijuana rather than cocaine is sufficient to support his conviction. People v. Romero, 55 Cal.App.4th 147 , 64 Cal.Rptr.2d 16, 18 (1997). Moreover, Calderin has not demonstrated any errors in the transcript of his interrogation that show the translation of that interrogation was incompetent. See Perez-Lastor v. INS, 208 F.3d 773, 778 (9th Cir.2000). Therefore, Calderin has not proved that it is reasonably probable that a different outcome would have resulted if his attorney had checked the translation of his interrogation or objected to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.