Vincent

Vincent v. Stewart

Good Law
58 F. App'x 757
United States Court of Appeals for the Ninth CircuitMarch 18, 2003No. 02-16393; D.C. No. CV-01-00243-SRBCalifornia284 words

Opinion

Lead Opinion

MEMORANDUM **

Anthony Lamont Vincent, an Arizona state prisoner, appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition, challenging his guilty plea convictions for the transportation of controlled substances for sale. We have jurisdiction pursuant to 28 U.S.C. § 2253 . Reviewing de novo, see Bribiesca v. Galaza, 215 F.3d 1015, 1018 (9th Cir.2000), we affirm.

The district court granted a certificate of appealability on whether Vincent’s trial counsel was ineffective by failing to accept the initial plea offer made and subsequently withdrawn by the district attorney, and by fading to obtain the grand jury transcripts which allegedly would have shown misconduct on the part of the district attorney and may have brought exculpatory evidence to light. 1 We are not persuaded. Vincent has failed to present evidence demonstrating his trial counsel’s performance was deficient, or that he was prejudiced by the alleged errors. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

Accordingly, the district court properly denied Vincent’s § 2254 petition because the state court’s decision was not contrary to, or an unreasonable…

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