Medina v. Chastain
Medina v. Chastain
Opinion of the Court
MEMORANDUM
Manuel T. Medina, Sr., appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction in California state court for committing by force a lewd act upon a child under the age of fourteen. We have
The issue certified for appeal is whether Medina received constitutionally ineffective assistance of counsel at trial.
To the extent that Medina raises other claims of ineffective assistance of counsel, we similarly conclude that he has failed to demonstrate prejudice to his defense. The district court therefore properly denied the petition. See Strickland v. Washington, 466 U.S. 668, 693-94, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) (holding that denial of ineffective assistance of counsel claim is proper where petitioner has failed to demonstrate that there is a reasonable probability that the outcome of the proceeding would have been different but for counsel’s alleged deficient performance); 28 U.S.C. § 2254(a) (providing that writ may be issued only if prisoner is in custody in violation of the Constitution or laws of the United States).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. We do not consider those issues raised in Medina’s brief that were not certified for appeal because he has failed to make a substantial showing of the denial of a constitutional right as to those issues. See United States v. Cruz-Mendoza, 163 F.3d 1149, 1149-50 (9th Cir. 1998).
Reference
- Full Case Name
- Manuel T. MEDINA, Sr. v. Len CHASTAIN, Warden
- Status
- Published