Defterios v. United States

376 F. App'x 713

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 16, 2010
• Docket: 08-55098
• Status: Unpublished

Opinion

MEMORANDUM **

Neko Kimon Defterios appeals from the district court’s order denying his 28 U.S.C. § 2255 motion. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Defterios contends that he was denied effective assistance of counsel because his counsel in a previous matter failed to pursue a global resolution of that case and the instant case. The record reflects that during the relevant period, the instant case was only in the investigatory stage. The Sixth Amendment right to counsel “does not attach until a prosecution is commenced.” United States v. Charley, 396 F.3d 1074, 1082 (9th Cir.2005) (quoting McNeil v. Wisconsin, 501 U.S. 171, 175, 111 S.Ct. 2204, 115 L.Ed.2d 158 (1991)). Thus, Defterios’ claim of ineffective assistance of counsel fails. See United States v. Zazzara, 626 F.2d 135, 138 (9th Cir.1980), abrogated on other grounds as recognized in United States v. Pace, 833 F.2d 1307, 1311-12 (1987).

AFFIRMED.

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