United States v. Tommy Rogers

943 F.2d 56 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Tommy ROGERS, Defendant-Appellant. No. 90-16694. United States Court of Appeals, Ninth Circuit. Submitted Sept. 5, 1991. * Decided Sept. 10, 1991. Before CANBY, DAVID R. THOMPSON and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Tommy Rogers, a federal prisoner, appeals pro se the district court's denial of his motion under 28 U.S.C. § 2255 . Rogers contends that the district court erred by failing to hold an evidentiary hearing on his claims that he was denied effective assistance of counsel and did not voluntarily plead guilty to bank robbery because he was suffering from gun shot wounds and was under the influence of medication and therefore did not understand the plea proceedings. We affirm. 3 We review de novo the denial of a section 2255 motion, and we review for abuse of discretion the district court's decision not to hold an evidentiary hearing. Donagiere v.…