Mendoza-Prado

MEMORANDUM **

Appellant Francisco Mendoza-Prado appeals the district court’s denial of his 28 U.S.C. § 2255 petition, alleging ineffective assistance of counsel during the plea bargaining process. This Court previously reversed and remanded for the district court to determine whether Mendoza-Prado’s trial counsel failed to inform him of an imminent superseding indictment, and whether Mendoza-Prado, had he known this information, would have accepted a plea offer rather than go to trial. United States v. Mendoza-Prado, 197 Fed.Appx. 581, 582 (9th Cir.2006). On remand, the district court found that it was impossible to determine whether Mendoza-Prado’s defense counsel failed to inform him of the superseding indictment, but held that “even assuming that defense counsel did not inform [him] of the fact that the government had communicated its intent to file a superseding indictment, [he] has failed to demonstrate any prejudice as a result of this possible non-communication.” Mendoza-Prado v. United States, No. C 99-00062 CRB, 2007 WL 420222 , at *5, 2007 U.S. Dist. LEXIS 11738 , at *13 (N.D.Cal.Feb. 5, 2007).

Mendoza-Prado contends that the district court abused its discretion on…