U.S. Court of Appeals for the Ninth Circuit, 2003

Thomas v. Castro

Thomas v. Castro
U.S. Court of Appeals for the Ninth Circuit · Decided July 10, 2003 · Fernandez, Kozinski, Rymer
69 F. App'x 399

Thomas v. Castro

Opinion of the Court

MEMORANDUM **

The district court did not err in dismissing the petitioner’s habeas corpus petition with prejudice. Appellate counsel’s decision not to raise on appeal the trial court’s denial of a continuance did not fall “below an objective standard of reasonableness.” Strickland v. Washington, 466 U.S. 668, 688, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Because the trial court has considerable discretion with respect to granting continuances, United States v. Tham, 960 F.2d 1391, 1396 (9th Cir. 1991), and fully supported its ruling denying the continuance, appellate counsel reasonably could have *400believed this argument would be unsuccessful.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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