Opinion

Brown v. Conway

  • 228 F. App'x 795
Court
Court of Appeals for the Ninth Circuit
Filed
Apr 20, 2007
Status
Published
On the bench
Clifton, Graber, Scannlain
Cited by
0 cases
Authority
More cited than 12.9%

The opinion

MEMORANDUM **

Mark Anthony Brown, an Idaho state prisoner, appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Brown contends that his trial and appellate attorneys were ineffective for failing to challenge the lack of certain definitions in the jury instructions. Upon review, we conclude that Brown has failed to show that his attorneys committed unprofessional errors that were prejudicial to his case. See Strickland v. Washington, 466 U.S. 668, 694-95 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). We conclude that the decision of the Idaho Court of Appeals denying Brown’s ineffective assistance of counsel claims was neither contrary to, nor an unreasonable application of, clearly established Supreme Court precedent, and the district court properly denied the petition. See 28 U.S.C. § 2254 (d); Strickland, 466 U.S. at 694 , 104 S.Ct. 2052 .

We construe Brown’s uncertified contentions as a motion to expand the Certificate of Appealability, and we deny the motion. See 9th Cir. R. 22-l(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir.1999) (per curiam).

AFFIRMED.

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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