Vincent Harry Hayes v. United States

892 F.2d 83 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Vincent Harry HAYES, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 88-15175. United States Court of Appeals, Ninth Circuit. Submitted Nov. 21, 1989. * Decided Dec. 13, 1989. Before GOODWIN, POOLE and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Hayes, a federal prisoner, appeals from the district court's dismissal of his 28 U.S.C. § 2255 motion to vacate his sentence. Hayes contends that he was denied effective assistance of counsel during his trial. The district court denied his motion without an evidentiary hearing. We review both the district court's denial of a section 2255 motion and a claim for ineffective assistance of counsel de novo. United States v. Burrows, 872 F.2d 915, 917 (9th Cir.1989). We affirm. 3 A district court must hold an evidentiary hearing on the merits of a section 2255 motion unless "the motion and files and records of the case conclusively show that the…