Briones

MEMORANDUM **

Federal prisoner Ricardo Briones appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2255 motion, challenging his conviction and sentence for conspiracy to participate in a racketeering enterprise, tampering with a witness, and two counts of assault with a dangerous weapon. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, see United States v. Rodrigues, 347 F.3d 818, 823 (9th Cir.2003), and we affirm.

Appellant contends that his trial counsel provided ineffective assistance by failing to request a specific unanimity jury instruction with regard to the predicate acts underlying the conspiracy charge. To demonstrate ineffective assistance of counsel, appellant must establish both that his counsel’s performance was deficient and that he was prejudiced as a result. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Even assuming counsel was deficient in failing to request a unanimity instruction, we conclude that appellant was not prejudiced: The jury’s verdict on Counts 2, 12 and 14 make clear its unanimity with respect to the required overt acts alleged in the conspiracy count. See 18…