Bieder

United States v. Bieder

Good Law
109 F. App'x 964
United States Court of Appeals for the Ninth CircuitSeptember 27, 2004No. 02-55403; D.C. Nos. CV-01-00321-JNK, CR-98-01547-JNKCalifornia349 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Walter Richard Bieder appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a). We review de novo, United States v. Fry, 322 F.3d 1198, 1200 (9th Cir.2003), and affirm.

Bieder contends that he received ineffective assistance of trial counsel because his attorney failed to prepare adequately for trial. In order to prevail on his claims, Bieder must show that counsel’s representation fell below an objective standard of reasonableness, and that there is a reasonable probability that, but for the deficient performance, the result of the proceeding would have been different. Strickland v. Washington, 466 U.S. 668, 686-87 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). As found by the district court, Bieder cannot show his counsel’s representation fell below an objective standard of reasonableness because Bieder does not identify material, specific errors or omissions resulting from the alleged lack of preparation. See United States v. Molina, 934 F.2d 1440, 1447 (9th Cir.1991).

Bieder contends next that counsel represented him ineffectively by stipulating to the chain of custody of…

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