McCullough

MEMORANDUM **

Perry A. McCullough appeals the district court’s denial of his motion pursuant to 28 U.S.C. § 2255 . McCullough argues that his drug-related convictions should be vacated because he received constitutionally ineffective assistance of counsel. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we review de novo McCullough’s claim of ineffective assistance of counsel. United States v. McMullen, 98 F.3d 1155, 1157 (9th Cir.1996). We affirm.

We need not decide whether McCullough’s counsel’s performance “fell below an objective standard of reasonableness”, Strickland v. Washington, 466 U.S. 668, 688 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), because McCullough has not demonstrated *567 prejudice as a result of counsel’s performance. Id. at 697 ; see also Anderson v. Calderon, 232 F.3d 1053, 1084 (9th Cir. 2000) (if defendant fails to show prejudice, court need not decide whether counsel’s performance was deficient). The evidence of McCullough’s guilt was overwhelming, and it cannot be said “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694 . The…