Cruz

United States v. Cruz

Good Law
149 F. App'x 639
United States Court of Appeals for the Ninth CircuitSeptember 16, 2005No. 03-35873California425 words

Opinion

Lead Opinion

*640 MEMORANDUM **

Susana Cruz appeals the district court’s denial of her petition for a writ of habeas corpus, filed under 28 U.S.C. § 2255 . Cruz argues that she was denied effective assistance of counsel. The facts are recited in a separate published disposition addressing Cruz’ challenge to her sentence under United States v. Booker, — U.S. —, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). See United States v. Cruz, 423 F.3d 1119 (9th Cir.2005).

Cruz did not meet the standard articulated in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), for showing that the assistance she received was both deficient and prejudicial. She argues that trial counsel failed adequately to oppose the drug quantity attributed to her at sentencing; failed adequately to marshal evidence in favor of her alibi defense; and failed to put her on the stand. Each of these arguments is merit-less. Trial counsel did object, both through written objections and at the sentencing hearing, to the drug quantity attribution contained in the Presentence Report and adopted by the district court. Cruz’ own testimony at sentencing, and along with videotape evidence presented to the jury,…

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