CRITES

v.

UNITED STATES

Citator

Cited By

• United States v. Wagner, 834 F.2d 1474 (9th Cir. 1987)
  …d, 470 U.S. 1058, 105 S.Ct. 1772, 84 L.Ed.2d 832 (1985). “This is so because usually such a claim cannot be advanced without the development of facts outside the original record.” United States v. Birges, 723 F. 2d 666, 670 (9th Cir.), cert. denied, 466 U.S. 943, 104 S.Ct. 1926, 83 L.Ed.2d 131 (1984). We have, however, recognized that if the defendant’s legal representation was so inadequate as obviously to deny him his sixth amendment right to counsel, the trial court’s failure to take notice sua sponte…
• United States v. Swanson, 943 F.2d 1070 (9th Cir. 1991)
  …ion, “[t]he customary procedure for challenging the effectiveness of defense counsel in a federal criminal trial is by collateral attack on the conviction under 28 U.S.C. § 2255.” United States v. Birges, 723 F. 2d 666, 670 (9th Cir.), cert. denied, 466 U.S. 943, 104 S.Ct. 1926, 80 L.Ed.2d 472 (1984). In a habeas corpus proceeding, the petitioner may present facts that are not reflected in a record of the proceedings of a trial on the issue of guilt. United States v. Sanclemente-Bejarano, 861 F. 2d 206, 211…