Is Oplinger permitted to bring a claim of ineffective assistance of counsel in a habeas proceeding?

MultiRegion, United States of America

The following excerpt is from U.S. v. Oplinger, 150 F.3d 1061 (9th Cir. 1998):

Finally, Oplinger argues that he was denied effective assistance of counsel. The customary procedure for raising a claim of ineffective assistance of counsel in this court is by collateral attack under 28 U.S.C. 2255. See United States v. Molina, 934 F.2d 1440, 1446 (9th Cir.1991). We prefer claimants to raise such claims in a habeas proceeding because it permits the district court to decide first whether the claim has merit, and second, if it does, to develop a record as to what counsel did, why it was done, and what, if any, prejudice resulted. See id. We may, however, address the merits of an ineffective assistance of counsel claim on direct appeal if the record is sufficiently complete to allow us to decide the issue. See id.

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