Ortega v Haviland

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT SEP 14 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
ARMONDO GIBB ORTEGA, No. 10-16876
Petitioner - Appellant, D.C. No. 4:09-cv-02556-CW
v.
MEMORANDUM*
JOHN W. HAVILAND,
Respondent - Appellee.
Appeal from the United States District Court
for the Northern District of California
Claudia A. Wilken, District Judge, Presiding
Submitted September 1, 2011**
San Francisco, California
Before: WALLACE, BERZON, and BYBEE, Circuit Judges.
California state prisoner Ortega appeals from the district court’s judgment
denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28
U.S.C. § 2253, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Ortega contends that he was denied his Sixth Amendment right to counsel at
his motion for a new trial because Ortega drafted and argued the motion with
minimal assistance from counsel. Because Ortega does not show that the
California Court of Appeal’s determination that Ortega was represented by counsel
throughout the proceedings was contrary to, or involved an unreasonable
application of United States v. Cronic, 466 U.S. 648 (1984), the district court did
not err in denying the petition. See 28 U.S.C. § 2254(d)(1).
AFFIRMED.