FILED
NOT FOR PUBLICATION JUN 24 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARCUS WEATHERSPOON, No. 08-16582
Petitioner - Appellant, D.C. No. 3:04-CV-00664-RLH
v.
MEMORANDUM *
E.K. McDANIEL, Warden, and BRIAN
SANDOVAL,
Respondents - Appellees.
Appeal from the United States District Court
for the District of Nevada
Roger L. Hunt, Chief Judge, Presiding
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Nevada state prisoner Marcus Weatherspoon appeals from the district
court’s order denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction
under 28 U.S.C. § 2253, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Weatherspoon contends that his trial lawyer rendered ineffective assistance
by failing to call Gloria Banks as a witness. The Nevada Supreme Court denied
this claim, holding that Weatherspoon failed to demonstrate that his counsel acted
unreasonably. The record shows that the state court did not unreasonably apply
Strickland v. Washington, 466 U.S. 668 (1984). See 28 U.S.C. § 2254(d)(1).
Weatherspoon is therefore not entitled to habeas relief. See Harrington v. Richter,
131 S. Ct. 770, 785-87 (2011).
Weatherspoon’s motion to supplement the record is denied.
AFFIRMED.
2 08-16582