IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30464
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERICK FRANCISCO SAMAYOA-GONZALES,
also known as Eric Samayoa,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 00-CV-2642
(98-CR-14-ALL)
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November 2, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Erick Francisco Samayoa-Gonzales
(“Samayoa”), federal prisoner # 258997-034, appeals the district
court’s denial of his 28 U.S.C. § 2255 motion to vacate, set aside,
or correct sentence. Samayoa argues that his trial attorney was
ineffective at sentencing because counsel failed to object to the
16-level increase of Samayoa’s offense level pursuant to 8 U.S.C.
§ 1326(b)(2) and U.S.S.G. § 2L1.2. Samayoa contends that a
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
juvenile delinquency adjudication in Louisiana is not a
“conviction” under those enhancement provisions.
To prevail on a claim of ineffective assistance of counsel,
Samayoa must show that: (1) his counsel’s performance was deficient
in that it fell below an objective standard of reasonableness; and
(2) counsel’s deficient performance prejudiced Samayoa’s defense.
Strickland v. Washington, 466 U.S. 668, 689-94 (1984). These
elements are conjunctive: A failure to establish either deficient
performance or prejudice defeats the claim. Id. at 697.
At the time of Samayoa’s sentencing, there was no controlling
authority to support the argument that under Louisiana law a
juvenile adjudication of delinquency was not a conviction for
purposes of 8 U.S.C. § 1326(b)(2) and U.S.S.G. § 2L1.2. Therefore,
the attorney’s failure to object to the 16 level enhancement was
not unreasonable and thus did not constitute deficient performance.
See United States v. Williamson, 183 F.3d 458 (5th Cir. 1999).
Samayoa’s inability to meet the cause prong precludes his ability
to prevail on a claim of ineffective assistance; we need not
address the prejudice prong.
AFFIRMED.
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