United States v. Raul Anchondo

MEMORANDUM

Raul Anchondo appeals the district court’s denial of his Motion to Enforce a Plea Agreement and ineffective assistance of counsel claims. Anchondo argues that his trial counsel, David Hammerstad, did not communicate his plea agreement’s April 25th deadline, and asks this court to enforce the expired plea agreement and find Hammerstad constitutionally ineffective based on his failure to communicate the deadline.

First, the district court made a factual finding that Hammerstad did communicate the plea agreement deadline to Anchondo, and this finding is not clearly erroneous. United States v. Overton, 573 F.3d 679, 688 (9th Cir.2009). Despite the lack of live testimony, there was substantial documentary evidence from which the district court could make a factual finding. Watts v. United States, 841 F.2d 275, 277 (9th Cir.1988); Williams v. Woodford, 306 F.3d 665, 688-89 (9th Cir.2002) (even when credibility is at issue, if the evidence in the record fully presents relevant facts and live testimony would not alter the court’s view of the record, no evidentiary hearing is required). The written record included affidavits by Anchondo, Hammerstad, the prosecutor who…