Charles McDonald v. William Hutchings

FILED

NOT FOR PUBLICATION

APR 9 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHARLES E. MCDONALD, No. 22-15952

Petitioner-Appellant, D.C. No. 2:19-cv-00261-CDS-DJA v.

WILLIAM HUTCHINGS; ATTORNEY MEMORANDUM*

GENERAL FOR THE STATE OF

NEVADA,

Respondents-Appellees.

Appeal from the United States District Court for the District of Nevada Cristina D. Silva, District Judge, Presiding

Argued and Submitted April 1, 2024 Phoenix, Arizona

Before: HAWKINS, BADE, and DESAI, Circuit Judges.

Appellant-Defendant Charles E. McDonald appeals the denial of his petition

for habeas relief under 28 U.S.C. ' 2254(d). Convicted of larceny and possession

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. of stolen property, McDonald argues that his trial counsel was ineffective under

Strickland v. Washington, 466 U.S. 668 (1984), for failing to investigate his

competency to stand trial. We have jurisdiction pursuant to 28 U.S.C. '' 1291

and 2253(a), and we…