AGRESTI

v.

UNITED STATES

Citator

Cited By

• United States v. Vaccaro, 816 F.2d 443 (9th Cir. 1987)
  …endants and the prejudice was not neutralized by the trial judge. United States v. Lester, 749 F. 2d 1288, 1301 (9th Cir.1984); United States v. Birges, 723 F. 2d 666, 671-72 (9th Cir.), cert. denied, 466 U.S. 943, 104 S.Ct. 1926, 80 L.Ed.2d 472 and 469 U.S. 863, 105 S.Ct. 200, 83 L.Ed.2d 131 (1984). In this case, attorneys for both sides were vehement. We have carefully examined the statements made by the prosecution that the defendants claim were prejudicial. Few, if any, of the statements were not justi…

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• United States v. Johnson, 820 F.2d 1065 (9th Cir. 1987)
  …counsel in federal criminal trials is by collateral attack on the conviction under 28 U.S.C. § 2255 (1982). Id. at 1424-25; 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) and 469 U.S. 863, 105 S.Ct. 200, 83 L.Ed.2d 131 (1984). In a section 2255 proceeding, a defendant may present new facts for the record. Appellant suggests no reason why the customary procedure should be rejected. His reliance on United States v. Cronic, 466 U.S. 648…
• Coleman v. McCORMICK, 874 F.2d 1280 (9th Cir. 1989)
  …ht on direct appeal since “usually [they] 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, 80 L.Ed.2d 472 (1984) and 469 U.S. 863, 105 S.Ct. 200, 83 L.Ed.2d 131 (1984), citing United States v. Kazni, 576 F. 2d 238, 242 (9th Cir.1978). For this reason, ineffective assistance claims are usually brought in habeas proceedings, see United States v. Pope, 841 F. 2d 954, 958 (9th C…