FILED

NOT FOR PUBLICATION FEB 28 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 09-55130

Plaintiff - Appellee, D.C. Nos. 2:08-cv-02335-JFW 2:04-cr-00011-JFW-1 v.

KENYA MARQUIS HUTSON, AKA Ken MEMORANDUM * Hutson, AKA Kenya Markisha Hutson,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California John F. Walter, District Judge, Presiding

Argued and Submitted February 15, 2011 Pasadena, California

Before: RYMER and BYBEE, Circuit Judges, and QUIST, Senior District Judge.**

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Gordon J. Quist, Senior District Judge for the U.S. District Court for Western Michigan, Grand Rapids, sitting by designation. Appellant Kenya Markisha Hutson appeals the district court’s denial of his

Motion to Vacate, Set Aside, or Correct Sentence, pursuant to 28 U.S.C. § 2255. The

district court denied his motion without holding an evidentiary hearing. The district

court did not abuse its discretion in deciding his motion without an evidentiary

hearing. Blackledge v. Allison, 431 U.S. 63, 74 n.4 (1977); Watts v. United States,

841 F.2d 275, 277 (9th Cir. 1988). Furthermore, Hutson failed to establish a

“reasonable probability that, but for counsel’s unprofessional errors, the result of the

proceeding would have been different.” Strickland v. Washington, 466 U.S. 668, 694

(1984).

AFFIRMED.

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