William E. Lemke v. United States

36 F.3d 1103 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William E. LEMKE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 94-55259. United States Court of Appeals, Ninth Circuit. Submitted Sept. 14, 1994. * Decided Sept. 19, 1994. Before: BROWNING, WRIGHT, and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 William E. Lemke appeals pro se the denial without a hearing of his Sec. 2255 petition. He claimed that his trial attorney failed to tell him of a plea offer from the prosecutor prior to trial. We have jurisdiction under 28 U.S.C. Sec. 2255 and affirm. 3 Section 2255 requires a hearing to determine the merits of the petition if he states a claim of ineffective assistance. United States v. Blaylock, 20 F.3d 1458, 1465-66 (9th Cir.1994) (citing Strickland v. Washington, 466 U.S. 668, 687-90 (1984) (ineffective assistance requires deficient performance by counsel and prejudice to defendant)). We review for abuse of discretion the denial of a…