Hu Min Shun v. United States

MEMORANDUM *

Federal prisoner Hu Min Shun (Hu) appeals the denial of his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2255 . We affirm the denial.

We do not repeat the facts of Hu’s underlying conviction, which are set forth in the opinion of this court affirming the conviction. See United States v. Lin, 139 F.3d 1303 (9th Cir.), cert. denied, 525 U.S. 904 , 119 S.Ct. 238 , 142 L.Ed.2d 196 (1998). We discuss the facts relating to Hu’s § 2255 petition only insofar as necessary to decide the sole issue before this court: whether Hu was denied effective assistance of counsel in violation of the Sixth Amendment because his trial counsel failed to explain the law of duress, thereby causing Hu to forego a favorable plea agreement. The district court decided the claim against Hu, but granted a certificate of appealability on this issue. We review de novo both the denial of the § 2255 petition and the “determination that the prisoner was not denied his Sixth Amendment right to counsel.” Frazer v. United States, 18 F.3d 778, 781 (9th Cir.1994).

Hu argues that the district court erred in denying the claim without holding an evidentiary hearing. We review for abuse of…