Wick

United States v. Wick

Good Law
126 F. App'x 846
United States Court of Appeals for the Ninth CircuitMarch 28, 2005No. 04-15956California621 words

Opinion

Lead Opinion

MEMORANDUM *

Michael Wick appeals the denial of his motion under 28 U.S.C. § 2255 to vacate his conviction for tax evasion, 26 U.S.C. § 7201 , and for aiding the preparation of false corporate tax returns, 26 U.S.C. § 7206 (2). 1 Wick alleged that he received ineffective assistance of counsel from two of his attorneys. We affirm.

*848 We review Wick’s claim under the two-part test that the Supreme Court set forth in Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). A defendant first must show that the performance of counsel was deficient. “This requires showing that counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment.” Id. At the second step, a defendant must show that he was prejudiced by the deficient performance. Id. Here, even assuming that counsel was deficient, we conclude that the errors did not prejudice Wick. See id. at 697 , 104 S.Ct. 2052 .

Wick contends that two of his attorneys, David Bosse and Thomas Connelly, rendered ineffective assistance of counsel. Wick first argues that Bosse advised him not to inform his attorneys that he suffered from bipolar…

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