Addison

MEMORANDUM ***

Appellant Curtis Addison (“Addison”) contests his conviction and sentence for *464 possession of cocaine with intent to distribute ( 21 U.S.C. § 841 (a)(1)), possession of cocaine base with intent to distribute ( 21 U.S.C. § 841 (a)(1)), and felon in possession of a firearm ( 18 U.S.C. § 922 (g)(1)), arguing ineffective assistance of counsel. Even if Addison could demonstrate ineffective assistance, he is foreclosed from relief as we previously decided that he would have been convicted even if agent Metaxas’s testimony had been excluded. See United States v. Addison, 46 F.3d 1145 , 1995 WL 37324, at *3 (9th Cir.1995). Because no circumstances exist that would require us to reconsider our earlier decision, the district court properly denied relief on this claim. See United States v. Scrivner, 189 F.3d 825, 828 (9th Cir.1999) (absent certain circumstances, resolution of a defendant’s claim on direct appeal precludes collateral review of same issue in a 28 U.S.C. § 2255 motion).

Further, even if we were free to review the ineffective assistance claim, there is no proof that his trial counsel’s performance fell below a standard of objective reasonableness, as required…