Alvarez-Chavez
United States v. Alvarez-Chavez
Opinion
Lead Opinion
MEMORANDUM **
Martel Alvarez-Chavez appeals pro se the district court’s dismissal of his 28 U.S.C. § 2255 motion challenging his jury-trial conviction for conspiracy to distribute and to possess with the intent to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, see United States v. Christakis, 238 F.3d 1164, 1168 (9th Cir.2001), and we affirm.
Alvarez-Chavez contends that his trial counsel was ineffective for failing to obtain notes or reports concerning the original debriefing of a key government witness, and for failing to impeach the witness with this information. Alvarez-Chavez has failed to prove that there is a reasonable probability that the result of the trial would have been different if counsel had cross-examined the witness on the alleged inconsistencies. The district court therefore properly denied this claim. See Strickland v. Washington, 466 U.S. 668, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) (stating that the defendant must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been…