FILED
NOT FOR PUBLICATION MAR 18 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GARY GENE WATTS, No. 08-16476
Petitioner - Appellant, D.C. No. 3:04-CV-00386-ECR-
RAM
v.
CRAIG FARWELL, MEMORANDUM *
Respondent - Appellee.
Appeal from the United States District Court
for the District of Nevada
Edward C. Reed, District Judge, Presiding
Submitted March 9, 2010 **
San Francisco, California
Before: WALLACE, GRABER, and McKEOWN, Circuit Judges.
Defendant Gary Gene Watts, a Nevada state prisoner, appeals the denial of
his habeas corpus petition challenging his conviction by guilty plea for three
counts of sexual assault of a minor. We review de novo, Tilcock v. Budge, 538
F.3d 1138, 1143 (9th Cir. 2008), cert. denied, 129 S. Ct. 926 (2009), but habeas
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. Fed. R. App. P. 34(a)(2).
relief is warranted only if the state court’s decision was "contrary to, or involved an
unreasonable application of, clearly established Federal law[ ] as determined by the
Supreme Court," or resulted in "an unreasonable determination of facts in light of
the evidence presented in the State court proceeding[s]," 28 U.S.C. § 2254(d)(1)-
(2); Williams v. Taylor, 529 U.S. 362, 407-09 (2000).
Defendant failed to demonstrate an actual conflict of interest. He points to
no evidence, and the record contains none, that his counsel’s alleged conflicts
"actually affected the adequacy of his representation." Cuyler v. Sullivan, 446 U.S.
335, 348-49 (1980). Therefore, Defendant’s Sixth Amendment right to counsel
was not violated.
Defendant has abandoned or waived the issue of whether his guilty plea was
voluntary, so we do not address it on the merits.
AFFIRMED.
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