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SCHURZ v. RYAN

No. 07-99025.

730 F.3d 812 (2013)

Eldon M. SCHURZ, Petitioner-Appellant, v. Charles L. RYAN, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2013.

Attorney(s) appearing for the Case

Jennifer Y. Garcia (argued) and Paula K. Harms , Assistant Federal Public Defenders, and Jon M. Sands , Federal Public Defender, Phoenix, AZ, for Petitioner-Appellant.

John Pressley Todd (argued), Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ, and Terry Goddard , Attorney General, Kent Cattani , Chief Counsel, Criminal Appeals/Capital Litigation Section, and Melissa Alice Parham , Assistant Attorney General, Criminal Appeals/Capital Litigation Section, Phoenix, AZ, for Respondents-Appellees.

Before: ALEX KOZINSKI, Chief Judge, M. MARGARET McKEOWN and N. RANDY SMITH, Circuit Judges.

OPINION

KOZINSKI, Chief Judge:

You can't always get what you want. But Eldon Schurz just about did. He wanted the judge who sentenced him to hear a laundry list of mitigating evidence, and his attorney dutifully presented it. Because the judge had most of the mitigating evidence, Schurz can't show any prejudice from his attorney's alleged ineffective assistance. Thus, we affirm the district court.

I. BACKGROUND...

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