Ruiz

MEMORANDUM **

Jose P. Ruiz, a federal prisoner serving 168 months for controlled substance violations under 18 U.S.C. §§ 841 (a)(1), (b)(1)(B), (b)(1)(C) and 846, appeals pro se the denial of his 28 U.S.C. § 2255 motion alleging ineffective assistance of counsel. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Ruiz contends the district court erred by denying, without an evidentiary hearing, his claim that his trial counsel was ineffective for failing to investigate Ruiz’s psychological condition and failing to move for a downward departure based on diminished capacity. We review de novo the denial of a § 2255 motion, as well as the determination that a prisoner was not denied his Sixth Amendment right to counsel. Frazer v. United States, 18 F.3d 778, 781 (9th Cir.1994). We review for an abuse of discretion the district court’s failure to hold an evidentiary hearing under § 2255. Id. We find Ruiz’s contentions unpersuasive.

Here, the district court did not abuse its discretion when it concluded that Ruiz failed to explain what a psychological evaluation might show or how it would be useful for his defense. His contention that evidence that he suffers from…