United States v. Raymond Gomez Mendoza

41 F.3d 1514 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Raymond Gomez MENDOZA, Defendant/Appellee. No. 93-55523. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 1, 1994. Decided Nov. 18, 1994. Before: CANBY, LEAVY & T.G. NELSON, CIRCUIT JUDGES. 1 MEMORANDUM * 2 We affirm the district court's denial of Raymond Mendoza's Motion to Vacate Order of Judgment and Conviction pursuant to 28 U.S.C. Sec. 2255 . The district court did not err in dismissing Mendoza's motion without an evidentiary hearing because Mendoza's allegations, viewed against the record, failed to state a claim for relief. 3 This court reviews for abuse of discretion a district court's failure to hold an evidentiary hearing before denying a Sec. 2255 motion. Frazer v. United States, 18 F.3d 778, 781 (9th Cir.1994). An evidentiary hearing is required unless Mendoza's allegations viewed against the record fail to state a claim for…