Washington v. Fischer

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED.

Petitioner-appellant Isiah Washington appeals from a January 2004 judgment of the United States District Court for the Eastern District of New York (Feuerstein, J.) denying his petition for a writ of habeas corpus. Washington attacks his conviction *9on two grounds: (1) the trial court’s jury instruction on excessive force deprived him of due process under the Fourteenth Amendment, and (2) his counsel was ineffective for failing to pursue his Fourth Amendment claim…