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U.S. v. FREDMAN

No. 03-35808.

390 F.3d 1153 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Frank FREDMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 10, 2004.

Attorney(s) appearing for the Case

Jane E. Ellis, Portland, OR, for the defendant-appellant.

Jeffrey Kent, Assistant United States Attorney, Eugene, OR, for the plaintiff-appellee.

Before FERGUSON, TROTT, and KLEINFELD, Circuit Judges.

TROTT, Circuit Judge:

Frank Fredman appeals the district court's denial of his habeas corpus petition. Fredman argues that he was denied effective assistance of counsel because of his counsel's decision to admit in opening statement to some of Fredman's criminal wrongdoing. We conclude that the "confession and avoidance" tactic used by counsel does not constitute ineffective assistance of counsel. Because Fredman does not show that his counsel was constitutionally...

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