Villa

United States v. Villa

Good Law
168 F. App'x 757
United States Court of Appeals for the Ninth CircuitFebruary 21, 2006No. 04-10653California693 words

Opinion

Lead Opinion

MEMORANDUM ***

Javier Dillon-Villa (“Villa”) appeals the district court’s imposition of a 57-month *758 sentence for the second revocation of the terms of his supervised release. He challenges his sentence on three grounds. We affirm.

1. Ineffective assistance of counsel. No one disputes that there was a potential conflict of interest by Villa’s counsel. We do not agree with Villa that the district court’s inquiry into the conflict of interest was inadequate. The record indicates that the district court conducted a searching inquiry into the conflict and asked the right questions about any link between Villa and the other client and any ways in which their interests could be considered adverse.

Villa identified no evidence that his attorney faced an actual conflict of interest, as he must to demonstrate ineffective assistance of counsel. See Cuyler v. Sullivan, 446 U.S. 335, 350 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980). Villa fails to show that the conflict caused his attorney to change his legal strategy in a way that hurt Villa. See Mickens v. Taylor, 535 U.S. 162, 172 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002). As the district court noted, it is hard to imagine what else a…

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