United States v. Gettings
Docket: No. 04-15207; D.C. No. CV-03-02093-WBS
Court: Court of Appeals for the Ninth Circuit; December 8, 2004; Federal Appellate Court
Jimmy L. Gettings appeals the district court's denial of his 28 U.S.C. § 2255 motion, asserting ineffective assistance of counsel during his trial. The appellate court has jurisdiction under 28 U.S.C. § 2253 and reviews the case de novo. The court affirms the lower court's decision, concluding that Gettings did not demonstrate a "reasonable probability" that the trial outcome would have changed but for the alleged counsel errors, referencing Strickland v. Washington as the standard. Additionally, requests not certified for appeal are treated as a motion to expand the certificate of appealability, which is denied. Any new arguments raised on appeal are deemed waived. The court's decision is affirmed, and the disposition is not for publication, limiting its citation according to Ninth Circuit Rule 36-3.