Friedlander

United States v. Friedlander

Good Law
217 F. App'x 664
United States Court of Appeals for the Ninth CircuitJanuary 11, 2007No. 05-15278California296 words

Opinion

Lead Opinion

MEMORANDUM **

Eric Thomas Friedlander appeals pro se from the district court’s order denying his *665 28 U.S.C. § 2255 motion, challenging his conviction for two counts of being a felon in possession of firearms, in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Friedlander contends that trial counsel was ineffective in her preparation and submission of two suppression motions submitted to the district court, which were denied. Because Friedlander pled guilty, his allegations of pre-plea constitutional defects are waived. See Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973); United States v. Bohn, 956 F.2d 208, 209 (9th Cir.1992) (per curiam) (holding that defendant’s preplea ineffective assistance of counsel issue was waived).

Friedlander also contends that counsel on direct appeal was ineffective because he failed to raise all the issues preserved in his plea agreement. However, Friedlander fails to demonstrate deficient performance, see Jones v. Barnes, 463 U.S. 745, 754 , 103 S.Ct. 3308 , 77 L.Ed.2d 987 (1983) (noting that appellate counsel is not required to raise every…

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