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Mario Torres v. Martin Biter
662 F. App'x 549
| 9th Cir. | 2016
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*1 Before: SCHROEDER and BYBEE, Circuit Judges, and SMITH, [**] Chief District Judge.

Mario Torres, a California prisoner, appeals the district court’s denial of his petition for writ of habeas corpus. Torres was sentenced to a total term of sixteen years to life after being convicted by a jury of first degree robbery, in violation of *2 Cal. Penal Code § 211, and possession of a firearm by a felon, in violation of Cal. Penal Code § 12021(a)(1).

On appeal, Torres contends that the district court erred in concluding that he did not receive ineffective assistance of counsel during his state court proceedings. The district court reached its decision after holding an evidentiary hearing.

In that hearing, Torres’s only evidence supporting his claim was his own testimony that he would have accepted a plea offer but for his counsel’s incorrect advice. The district court found Torres’s testimony not credible on the basis of a number of contradictory and illogical statements by Torres during that hearing. The district court’s findings were not clearly erroneous. The district court properly concluded that, even assuming inadequate performance by counsel, Torres failed to show prejudice from his counsel’s performance. See Strickland v. Washington , 466 U.S. 668, 687 (1984).

AFFIRMED .

2

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. * * The Honorable William E. Smith, Chief United States District Judge for the District of Rhode Island, sitting by designation.

Case Details

Case Name: Mario Torres v. Martin Biter
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Dec 8, 2016
Citation: 662 F. App'x 549
Docket Number: 15-55111
Court Abbreviation: 9th Cir.
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