United States v. Colin Nathanson

U.S. Court of Appeals for the Ninth Circuit
United States v. Colin Nathanson, 585 F. App'x 615 (9th Cir. 2014)

United States v. Colin Nathanson

Opinion

MEMORANDUM *

Colin Nathanson appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his 324-month sentence for mail fraud. We have jurisdiction under 28 U.S.C. § 2255(d), and we affirm.

*616 Nathanson has not shown that counsel s representation fell below an objective standard of reasonableness.” See Strickland v. Washington, 466 U.S. 668, 687-88, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Appellate counsel are not required to raise every nonfrivolous claim in a merits brief, and “ ‘[generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.’ ” Smith v. Robbins, 528 U.S. 259, 288, 120 S.Ct. 746, 145 L.Ed.2d 756 (2000) (quoting Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986)). It was not clear that a due process claim based on Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983), would have been stronger than the claims Na-thanson’s counsel actually raised.

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided *616 by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Colin NATHANSON, Defendant-Appellant
Status
Unpublished