Shetty

MEMORANDUM ***

Defendant Nagesh Shetty appeals his conviction on twenty-six counts of mail *844 fraud under 18 U.S.C. § 1341 . He contends that he received ineffective assistance of counsel and that the trial judge improperly instructed the jury. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

A defendant claiming ineffective assistance of counsel must identify “acts or omissions of counsel” that stray beyond “the wide range of professionally competent assistance” and show that this performance was below an objective standard of reasonableness and prejudicial. Strickland v. Washington, 466 U.S. 668, 690-92 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Shetty alleged that trial counsel made three unprofessional omissions: (1) counsel failed to object to a purportedly duplicitous indictment, (2) counsel failed to argue that criminal liability was wrongfully premised on a doctor’s independent exercise of medical judgment, and (3) counsel failed to request a “good faith” jury instruction. We generally do not review a claim of ineffective assistance of counsel on direct appeal, United States v. Pope, 841 F.2d 954, 958 (9th Cir.1988), but the government conceded that the…