Ross

United States v. Ross

Good Law
40 F. App'x 369
United States Court of Appeals for the Ninth CircuitApril 12, 2002No. 99-56537; D.C. No. CV-99-00169-DTCalifornia1,365 words

Opinion

Lead Opinion

*370 MEMORANDUM **

William Ross appeals the district court’s denial of his 28 U.S.C. § 2255 habeas corpus petition challenging his conviction for aiding and abetting the mailing of an explosive device with the intent to kill or injure. Because the facts are known to the parties, we do not recite them here. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and for the reasons outlined below, we affirm.

I

Ross argues that the district court erred in rejecting his claim that governmental interference with a witness resulted in the denial of both his Sixth Amendment right to compulsory process and his Fifth Amendment right to due process. While there is some dispute as to whether this claim is properly before us, we need not address this question because, in any event, the claim fails on the merits.

Ross’ argument involves allegations that (1) his trial counsel opted not to call an alleged co-conspirator who could have exculpated Ross, after being misled into believing that the witness would invoke his Fifth Amendment privilege against self-incrimination; (2) the government had an obligation to alert him to the fact that this witness was being represented by an attorney who…

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