328 F. App'x 518

UNITED STATES of America, Plaintiff-Appellee, v. Ference B. LANG, Defendant-Appellant.

No. 07-17125.

United States Court of Appeals, Ninth Circuit.

Submitted June 16, 2009.*

Filed July 6, 2009.

Samantha S. Spangler, Assistant U.S., USSAC-Office of the U.S. Attorney, Sacramento, CA, for Plaintiff-Appellee.

Suzanne Adele Luban, Law Offices of Suzanne A. Luban, Oakland, CA, for Defendant-Appellant.

Before: PAEZ, TALLMAN, and N.R. SMITH, Circuit Judges.

MEMORANDUM **

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

Lang contends that he received ineffective assistance of counsel at trial. This contention fails because Lang has not shown a reasonable probability that, but for counsel’s conduct, the result of the trial would have been different. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); United States v. Sanchez-Cervantes, 282 F.3d 664, 671-72 (9th Cir.2002).

Lang also contends that his constitutional rights were violated because facts that increased the maximum penalty were neither alleged in the indictment nor proved beyond a reasonable doubt. As Lang concedes, this contention is foreclosed. See Sanchez-Cervantes, 282 F.3d at 671.

AFFIRMED.

United States v. Lang
328 F. App'x 518

Case Details

Name
United States v. Lang
Decision Date
Jul 6, 2009
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328 F. App'x 518

Jurisdiction
United States

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