Ramirez-Hernandez

United States v. Ramirez-Hernandez

Good Law
240 F. App'x 188
United States Court of Appeals for the Ninth CircuitJune 26, 2007No. 07-10027California397 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Jose Juan Ramirez-Hernandez was convicted following a jury trial for failure to report exporting monetary instruments in violation of 31 U.S.C. § 5316 (a) and bulk cash smuggling in violation of 31 U.S.C. § 5332 . He appeals the district court’s denial of his motion for a new trial on the grounds of ineffective assistance of counsel. Because the parties are familiar with the facts of this case, we do not separately recount them here. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm Ramirez-Hernandez’s conviction.

Ramirez-Hernandez has failed to demonstrate that the performance of his trial counsel was deficient under the applicable standard set out by the Supreme Court in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Specifically, he has not shown that his counsel’s alleged failure to: (1) effectively consult with him and prepare his testimony; (2) oppose the government’s motion in limine; (3) call his mother to testify as to the ownership of the money and its intended use; (4) investigate the audiocassette recording of his interrogation or effectively consult with him concerning its contents; and (5)…

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