discussed Cited as authority (rule) Brown v. United States “Such assessment must be made 23 ‘from counsel’s perspective at the time,’ so as ‘to eliminate the distorting effects of hindsight.’” 3 1 Silva v. Woodford, 279 F.3d 825, 836 (9th Cir. 2002) (citing Strickland, 466 U.S. at 689 ). 2 Prejudice can be presumed only “where there has been an actual breakdown in the adversarial 3 process at trial.” Toomey v. Bunnell, 898 F.2d 741 , 744 n. 2 (9th Cir.), cert. denied, 111 S.Ct. 390 4 (1990).

discussed Cited "see, e.g." Gary Lee Davis v. Executive Director of Department of Corrections, as Head of the Department of Corrections, Ari Zavaras The Scarpa court described, our decision in Osborn as an "isolated case[j.” Id. at 5; see also Toomey v. Bunnell, 898 F.2d 741 , 744 n. 2 (9th Cir.) (“We have applied the Cronic exception very sparingly.”), cert. denied, 498 U.S. 960 , 111 S.Ct. 390 , 112 L.Ed.2d 400 (1990). 4 .