Cordova
Cordova v. Mueller
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Arthur Daniel Cordova appeals pro se the district court’s order denying his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the denial of a § 2254 petition, see Anderson v. Alameida, 397 F.3d 1175, 1177 (9th Cir.2005), and we affirm.
Cordova contends that his trial counsel provided ineffective assistance because counsel failed to file a motion for an acquittal, and counsel informed the jury of Cordova’s custodial status during trial. Because Cordova fails to establish that he suffered prejudice from either claim, these ineffective assistance of trial counsel contentions fail. See Strickland v. Washington, 466 U.S. 668, 692 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) (whether counsel’s performance fell below an objective standard of reasonableness is irrelevant if petitioner cannot demonstrate prejudice).
He next contends that his appellate counsel provided ineffective assistance because counsel failed to challenge on appeal the trial court’s denial of his motion to set aside the information, and counsel failed to raise Cordova’s ineffective assistance of trial counsel claims. Because we find…