Cabrera-Rosario

United States v. Cabrera-Rosario

Good Law
118 F. App'x 182
United States Court of Appeals for the Ninth CircuitDecember 8, 2004No. 03-56201California495 words

Opinion

Lead Opinion

.MEMORANDUM *

Julio Cabrera-Rosario appeals the district court’s denial of his 28 U.S.C. § 2255 petition. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The record supports the district court’s finding that Kovler did advise Ca *183 brera to plead guilty and did inform him of the Government’s offer. 1 The district court heard extensive testimony. It was free to credit Kovler’s testimony over Cabrera’s even if the two men’s accounts were equally plausible, which they were not. 2 Moreover, the Assistant United States Attorney’s testimony corroborated important aspects of Kovler’s testimony. Accordingly, the district court did not err, much less clearly err, as to this issue. We affirm.

Even assuming that Kovler failed to inform Cabrera of the possibility of a plea made pursuant to North Carolina v. Alford (“Alford plea”), 3 we affirm. Cabrera has not established ineffective assistance because he has not established prejudice. 4 The district court found, entirely reasonably, that Cabrera had consistently maintained his innocence and had refused to even entertain the possibility of a plea. The record strongly supports this finding, and Cabrera does not contest…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.