Hector G. Vento v. George Deeds

972 F.2d 1348 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hector G. VENTO, Petitioner-Appellant, v. George DEEDS, Respondent-Appellee. No. 91-16567. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1992. * Decided Aug. 17, 1992. As Amended on Denial of Rehearing Oct. 1, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Hector G. Vento, a Nevada state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. Vento was convicted following a jury trial of attempted murder in the first degree with use of a deadly weapon. We have jurisdiction under 28 U.S.C. § 2253 and review the denial de novo. Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). We affirm. Evidentiary Hearing 3 Vento's first assignment of error is that the district court erred by dismissing his habeas petition without first holding an evidentiary hearing. The district court must hold an evidentiary hearing if (1)…