What tactical errors were made by counsel at a civil trial?

Valenzuela points to several tactical decisions as obviously deficient. Counsel waived an opening statement, did not cross-examine several witnesses, failed to challenge the admissibility of some evidence and made concessions during closing argument. In context, each of these decisions may have been nothing more than valid tactical choices. Specifically, the concessions during closing could have been part of a strategy to focus the jury's attention on the weakest link in the government's case, the "in relation to" element of the firearm count. See United States v. Swanson, 943 F.2d 1070, 1076 (9th Cir.1991).

Our review of the record persuades us that this claim should be resolved on collateral rather than direct review.