49 F. App'x 700

UNITED STATES of America, Plaintiff—Appellee, v. Joseph E. DUNNE, Defendant—Appellant.

No. 01-50424.

D.C. No. CR-99-1092-GAF.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 12, 2002.*

Decided Oct. 18, 2002.

Before SCHROEDER, Chief Judge, W. FLETCHER, Circuit Judge, and WEINER, Senior District Judge.**

MEMORANDUM***

Appellant Joseph E. Dunne appeals his conviction after pleading guilty to four counts of possession of stolen mail in violation of 18 U.S.C. § 1708. The only issue is whether the district court should have granted a motion to withdraw his guilty plea on the ground of ineffective assistance of counsel. The district court did not err under any standard.

The alleged ineffectiveness is the failure to file a motion to suppress that had no reasonable possibility of success. Counsel is under no obligation to make frivolous motions or advise a defendant of every conceivable constitutional attack he might mount. See Tollett v. Henderson, 411 U.S. 258, 267, 93 S.Ct. 1602, 36 L.Ed.2d 235 (1973). Appellant has not shown that the advice he received was below the standard of competent representation. See United States v. Signori, 844 F.2d 635, 638 (9th Cir.1988).

AFFIRMED.

United States v. Dunne
49 F. App'x 700

Case Details

Name
United States v. Dunne
Decision Date
Oct 18, 2002
Citations

49 F. App'x 700

Jurisdiction
United States

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