Opinion
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NOT FOR PUBLICATION.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, Mariana R. Pfaelzer, District Judge, Presiding.
Louis Alan Williams, pro se, Soledad, CA, for Petitioner-Appellant.
Matthew C. Mulford, Esq., AGCA-Office of the California Attorney General, San Diego, CA, for Respondent-Appellee.
Before BEEZER and KOZINSKI, Circuit Judges, and SCHWARZER, Senior District Judge.
The Honorable William W Schwarzer, Senior United States District Judge for the Northern District of California, sitting by designation.
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.
Page 871.
Williams has failed to rebut by clear and convincing evidence the state court's factual finding that Randy Brown's testimony was not derivative of Williams's confession. See 28 U.S.C. § 2254(e)(1).
In light of Brown's testimony, any error in admitting the identification of Williams's car as that used during the shooting was harmless. See Brecht v. Abrahamson, 507 U.S. 619, 637, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993).
Thus, Williams cannot show that any ineffective assistance by defense counsel Schaaf caused him prejudice. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
An evidentiary hearing was unnecessary. See § 2254(e)(2).
AFFIRMED.