Marcus Weatherspoon v. E. McDaniels

439 F. App'x 660

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 24, 2011
• Docket: 08-16582
• Status: Unpublished

Opinion

MEMORANDUM **

Nevada state prisoner Marcus Weather-spoon appeals from the district court’s order denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Weatherspoon contends that his trial lawyer rendered ineffective assistance by failing to call Gloria Banks as a witness. The Nevada Supreme Court denied this claim, holding that Weatherspoon failed to demonstrate that his counsel acted unreasonably. The record shows that the state court did not unreasonably apply Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). See 28 U.S.C. § 2254(d)(1). Weatherspoon is therefore not entitled to habeas relief. See Harrington v. Richter, — U.S. -, 131 S.Ct. 770, 785-87, 178 L.Ed.2d 624 (2011).

Weatherspoon’s motion to supplement the record is denied.

AFFIRMED.

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