United States v. Rayford Roberson

MEMORANDUM

A jury conviction of bankruptcy fraud, loan fraud, securities fraud, and money laundering, unsuccessfully appealed to this court, United States v. Roberson, 231 Fed.Appx. 700 (9th Cir.2007), is the subject of a timely motion under 28 U.S.C. § 2255 . The district court denied Rayford Roberson’s request for an evidentiary hearing on the § 2255 motion, but granted a certificate of appealability on whether Roberson was entitled to a hearing. We affirm.

We review for abuse of discretion a district court’s denial of an evidentiary hearing on a § 2255 motion. United States v. Rodrigues, 347 F.3d 818, 823 (9th Cir.2003). The discretion is guided by the statutory command that a prisoner is entitled to an evidentiary hearing “[ujnless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief.” 28 U.S.C. § 2255 (b); see also United States v. Schaflander, 743 F.2d 714, 717 (9th Cir.1984) (per curiam).

On appeal, Roberson argues that he was entitled to an evidentiary hearing on three claims of ineffective assistance of counsel. Those claims are governed by Strickland v. Washington, under which Roberson must show that his trial…