Novak

Novak v. United States

Good Law
154 F. App'x 583
United States Court of Appeals for the Ninth CircuitNovember 15, 2005No. 04-16292California639 words

Opinion

Lead Opinion

MEMORANDUM *

Kenneth J. Novak appeals the district court’s denial of his habeas petition following his conviction for conspiracy to manufacture phenyl-2-propanone (P2P) and methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Novak’s habeas petition claimed ineffective assistance of counsel because his trial counsel 1) failed to conduct an independent investigation of the evidence against Novak, and 2) had a conflict of interest in simultaneously representing Novak and another member of the same motorcycle gang to which Novak belonged.

We have jurisdiction under 28 U.S.C. § 2253 , and we affirm. Because the parties are familiar with the facts and proce *585 dural history, we do not restate them here except as necessary to explain our disposition.

This court reviews de novo the district court’s denial of a 28 U.S.C. § 2255 motion, as well as its determination that the petitioner did not receive ineffective assistance of counsel. United States v. Christakis, 238 F.3d 1164, 1168 (9th Cir.2001).

“[T]he proper standard for attorney performance is that of reasonably effective assistance.” Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674…

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