Vasquez

United States v. Vasquez

Good Law
127 F. App'x 990
United States Court of Appeals for the Ninth CircuitMay 11, 2005No. 04-56742California287 words

Opinion

Lead Opinion

MEMORANDUM **

Abel Vasquez appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion, claiming (1) he was improperly denied an interpreter during his trial and (2) his attorneys rendered constitutionally ineffective assistance of counsel by not requesting an interpreter. We affirm.

Vasquez’s claim that he was entitled to an interpreter was not raised at trial or on direct appeal and is therefore procedurally defaulted. See United States v. Ratigan, 351 F.3d 957, 962 (9th Cir.2003), cert. denied, —U.S.-, 125 S.Ct. 173 , 160 L.Ed.2d 87 (2004). Collateral review may be available, however, if Vasquez demonstrates cause excusing his procedural default and actual prejudice. See United States v. Skurdal, 341 F.3d 921, 925 (9th Cir.2003). Vasquez seeks to do so by arguing his attorneys were ineffective because they did not request an interpreter for his trial. See United States v. McMullen, 98 F.3d 1155,1157 (9th Cir.1996) (“Establishing the elements of an ineffective assistance of counsel claim normally will meet [the] cause and prejudice test.”).

Vasquez failed to show his counsel’s representation was deficient. The record is replete with references to Vasquez’s…

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