Rodriguez

Rodriguez v. United States

Good Law
110 F. App'x 5
United States Court of Appeals for the Ninth CircuitAugust 20, 2004No. 03-35392California492 words

Opinion

Lead Opinion

MEMORANDUM **

Raoul Rodriguez appeals the district court’s denial of his 28 U.S.C. § 2255 petition for a writ of habeas corpus. Rodriguez contends that his counsel provided him with ineffective assistance, thereby prejudicing his defense. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

We review the district court’s denial of the habeas petition under § 2255 de novo. United States v. Day, 285 F.3d 1167, 1169 *6 (9th Cir.2002). We review the factual findings of the district court for clear error. United States v. Christakis, 238 F.3d 1164, 1168 (9th Cir.2001).

Rodriguez contends that his counsel’s failure to inform him of the terms of the proposed plea and his sentencing exposure under the sentencing guidelines constitutes ineffective assistance of counsel. In order to establish constitutionally ineffective assistance of counsel, Rodriguez must show (1) “that counsel’s performance was deficient,” and (2) “that the deficient performance prejudiced the defense.” See Strickland v. Washington, 466 U.S. 668, 687-92 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). An attorney’s performance is not “deficient” unless it falls “outside the wide range of professionally…

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