Ross

United States v. Ross

Good Law
92 F. App'x 569
United States Court of Appeals for the Ninth CircuitApril 2, 2004No. 03-55593California291 words

Opinion

Lead Opinion

MEMORANDUM **

Deborah Ross appeals the denial of her petition for habeas corpus relief under 28 *570 U.S.C. § 2255 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Ross claims that she was denied effective assistance of counsel because her trial attorney (1) failed to object, on Fourth Amendment grounds, to evidence discovered in her purse by Postal Inspectors; (2) failed to move for an evidentiary hearing on prosecutorial misconduct; (3) failed to pursue potentially exculpatory fingerprint evidence; and (4) failed to move to suppress an incriminating statement Ross made to the Inspectors without the benefit of warnings required by Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).

“In order to establish ineffective representation, the defendant must prove both incompetence and prejudice.” Kimmelman v. Morrison, 477 U.S. 365, 381 , 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986) (citing Strickland v. Washington, 466 U.S. 668, 688 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984)). Ross cannot prove either.

The prosecution’s case was strong. See United States v. Ross, 206 F.3d 896 (9th Cir.2000) (affirming conviction on direct appeal). Even if Ross were…

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