Ortiz

MEMORANDUM **

Ruben Ortiz appeals the district court’s denial of his petition under 28 U.S.C. § 2254 for a writ of habeas corpus. We omit the relevant facts as they are known to the parties.

Ortiz argues that his trial counsel rendered ineffective assistance because she failed to present additional eyewitness testimony. We disagree. The testimony Ortiz suggests should have been presented would have been cumulative, not probative, and of suspect credibility. Deputy Gal- *678 van’s account was corroborated by his contemporaneous radio transmission, his injuries, the medical treatment he received, and Ortiz’s having been arrested without a shirt. Further, Ortiz’s speculation that counsel could have located other witnesses avails him nothing. See United States v. Berry, 814 F.2d 1406, 1409 (9th Cir.1987). Accordingly, we are persuaded that there is no reasonable probability that, absent the alleged errors by counsel, the jury would, have had a reasonable doubt respecting Ortiz’s guilt. See Strickland v. Washington, 466 U.S. 668, 694-96 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

Ortiz also argues that counsel rendered ineffective assistance at sentencing by failing to present…