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U.S. v. BENLIAN

No. 94-50130.

63 F.3d 824 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Viken BENLIAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 1995.

Attorney(s) appearing for the Case

Donald C. Randolph, Randolph & Levanas, Santa Monica, CA, for defendant-appellant.

Ronald L. Cheng and Michael Reese Davis, Asst. U.S. Attys., Los Angeles, CA, for plaintiff-appellee.

Before: HALL and Edward LEAVY, Circuit Judges, and HOGAN, District Judge.

LEAVY, Circuit Judge:

In this appeal we must determine whether a defendant's refusal to be interviewed by a probation officer gives rise to a Sixth Amendment claim of ineffective assistance of counsel, when that refusal was based on defense counsel's failure to schedule a time to be present for such an interview. For the reasons which follow, we conclude on the facts of this case that no Sixth Amendment violation occurred.

FACTS AND PRIOR PROCEEDINGS

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