Barraza
Barraza v. Stewart
Opinion
Lead Opinion
MEMORANDUM **
Arizona prisoner James Edward Barra-za appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition, which challenged his convictions for three counts of armed robbery and one count of aggravated assault. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.
We review de novo the district court’s denial of Barraza’s petition for a writ of habeas corpus, see Bribiesca v. Galaza, 215 F.3d 1015, 1018 (9th Cir.2000), and we find no error. Barraza contends his trial counsel provided ineffective assistance with respect to the pretrial identification procedure. To establish ineffective assistance, the Barraza must prove: (1) counsel’s performance fell below an objective standard of reasonableness; and (2) prejudice resulted. See Strickland v. Washington, 466 U.S. 668, 688-92 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).
Barraza has faded to demonstrate that counsel’s performance was deficient. Counsel interviewed the witnesses while reconsideration of Barraza’s State v. Dessureault, 104 Ariz. 380 , 453 P.2d 951 (Ariz. 1969) motion, which challenged the proposed in-court identification, was pending in the trial court. At trial, counsel…