Davis

Davis v. Miller-Stout

Good Law
69 F. App'x 365
United States Court of Appeals for the Ninth CircuitJune 18, 2003No. 02-35753; D.C. No. CV-01-01425-RSLCalifornia479 words

Opinion

Lead Opinion

*366 MEMORANDUM **

Washington state prisoner William H. Davis appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas petition, which challenges his conviction and 115-month sentence for possession of cocaine with intent to deliver. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a). Reviewing de novo, Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001), we affirm.

Davis contends that his trial counsel was ineffective because he did not present an argument based on Washington v. Boyce, 52 Wash-App. 274, 758 P.2d 1017 (1988), in connection with his motion to suppress. Denying review of this claim, the Washington Supreme Court explained that even if counsel had brought up this case, the result of the hearing would have been the same because of the trial court’s factual findings. We cannot say that this conclusion was contrary to or an unreasonable application of federal law as clearly established by the Supreme Court. See Strickland v. Washington, 466 U.S. 668, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) (holding that ineffective assistance of counsel requires a showing of deficient performance and prejudice); see also Boag v. Raines, 769 F.2d 1341, 1344…

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