Li v. U.S.

Dist. Ct. did not err in denying defendant’s habeas petition alleging that his trial counsel was ineffective in prosecution on charge of harboring illegal aliens when counsel failed to object to certain videotaped testimony of subject aliens and prevented defendant from testifying on his own behalf. Ct. found that counsel’s failure to object to videotaped testimony was part of legitimate trial strategy, and record otherwise showed that defendant’s failure to testify was voluntary decision on his part. Ct. also rejected defendant’s claim that counsel was ineffective for failing to ensure that any language barrier did not prevent defendant from communicating with counsel where defendant participated in trial and never notified Dist. Ct. of any problems understanding proceedings or his counsel. Moreover, counsel’s failure to propose specific intent instruction was not ineffective where there was no controlling case law or pattern instruction covering instant charged offense.