Serang

United States v. Serang

Good Law
70 F. App'x 961
United States Court of Appeals for the Ninth CircuitJuly 30, 2003No. 02-35672; D.C. No. CV-99-06290-HO, CR-94-60093-HOCalifornia194 words

Opinion

Lead Opinion

MEMORANDUM *

Gulmohamed Abdulkader Serang appeals the district court’s denial of his habeas claim of ineffective assistance of counsel. He argues that his defense counsel failed to investigate exculpatory evidence and that this failure prejudiced the outcome of his jury trial. We affirm.

To establish ineffective assistance of counsel, Serang must demonstrate that (1) counsel’s representation fell below an objective standard of reasonableness under *962 prevailing professional norms, and (2) counsel’s unreasonable errors resulted in prejudice. Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). “Failure to satisfy either prong of the Strickland test obviates the need to consider the other.” Rios v. Rocha, 299 F.3d 796, 805 (9th Cir.2002).

Serang fails to demonstrate “a reasonable probability that, but for counsel’s errors, the result of the proceeding would have been different.” Murtishaw v. Woodford, 255 F.3d 926, 940 (9th Cir.2001) (citation and quotation marks omitted). The significance of the allegedly exculpatory evidence to the verdict is purely speculative.

AFFIRMED.

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