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U.S. v. Mohsenzadeh

United States Court of Appeals, Ninth Circuit
Feb 11, 2003
56 F. App'x 334 (9th Cir. 2003)

Opinion


56 Fed.Appx. 334 (9th Cir. 2003) UNITED STATES OF AMERICA, Plaintiff--Appellee, v. Zafarollah MOHSENZADEH, aka Zafar Mohsenzadeh, Defendant--Appellant. No. 00-50512. D.C. No. CR-99-00280-CAS-01. United States Court of Appeals, Ninth Circuit. February 11, 2003

Submitted Jan. 13, 2003.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Central District of California, Christina A. Snyder, District Judge, Presiding.

Before HALL, KOZINSKI and RAWLINSON, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

The district court did not abuse its discretion in denying Mohsenzadeh's motion

Page 335.

for a new trial. On the current record, the representation provided by Mohsenzadeh's trial counsel did not fall "below an objective standard of reasonableness." Strickland v. Washington, 466 U.S. 668, 688, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Trial counsel's decision not to introduce evidence of Mohsenzadeh's membership in Mujahedin-e-Khalq or to investigate or present possible evidence of selective prosecution was a reasonable tactical decision that we decline to second-guess. See United States v. Claiborne, 870 F.2d 1463, 1468 (9th Cir.1989). Nor did trial counsel err in failing to raise a selective prosecution claim as, based on the facts before us, it wouldn't have succeeded. See United States v. Armstrong, 517 U.S. 456, 465, 116 S.Ct. 1480, 134 L.Ed.2d 687 (1996).

AFFIRMED.


Summaries of

U.S. v. Mohsenzadeh

United States Court of Appeals, Ninth Circuit
Feb 11, 2003
56 F. App'x 334 (9th Cir. 2003)
Case details for

U.S. v. Mohsenzadeh

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff--Appellee, v. Zafarollah MOHSENZADEH…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 11, 2003

Citations

56 F. App'x 334 (9th Cir. 2003)