Lopez-Gonzalez

United States v. Lopez-Gonzalez

Good Law
192 F. App'x 658
United States Court of Appeals for the Ninth CircuitJuly 27, 2006No. 05-16110California269 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Fernando Lopez-Gonzalez appeals from the district court’s *659 judgment denying his 28 U.S.C. § 2255 motion. We review de novo the denial of a § 2255 motion and for clear error the district court’s findings of fact for clear error. United States v. Alvarez-Tautimez, 160 F.3d 573, 575 (9th Cir.1998). We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Lopez-Gonzalez contends that he received ineffective assistance of counsel when counsel failed to file a notice of appeal after he requested that she do so. We disagree.

The district court held an evidentiary hearing and credited the testimony of counsel over the testimony of Lopez-Gonzalez. The district court found that counsel consulted with Lopez-Gonzalez about his appellate rights; he indicated that he did not wish to appeal unless his sentence exceeded the sentencing guidelines range; and after sentence was imposed, Lopez-Gonzalez never alerted counsel that he had changed his mind. Under the clear error standard, “[i]f the district court’s account of the evidence is plausible in light of the record reviewed in its entirety, the court of appeals may not reverse it even though…

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