Lott

Lott v. United States

Good Law
32 F. App'x 424
United States Court of Appeals for the Ninth CircuitMarch 20, 2002No. 00-35979; D.C. Nos. CV-00-00009-BJR, CR-95-00777-BJRCalifornia298 words

Opinion

Lead Opinion

MEMORANDUM **

Kevin Odell Lott appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion challenging his 240-month sentence following a jury trial for possession with intent to distribute, and distribution, of cocaine base, in violation of 21 U.S.C. § 841 (a)(1)(A), and conspiracy, in violation of 21 U.S.C. § 846 . We have jurisdiction pursuant to 28 U.S.C. § 2255 , and we reverse.

Lott contends that he was denied his Sixth Amendment right to effective assistance of counsel because his trial attorney’s loyalties to another client prevented Lott from accepting a 120-month plea offer, which would have required him to implicate the other client. Lott argues that the district court erred in denying his motion without an evidentiary hearing.

We review de novo a district court’s denial of a § 2255 motion based on ineffective assistance of counsel, while we review the denial of an evidentiary hearing for abuse of discretion. United States v. Chacon-Palomares, 208 F.3d 1157, 1158-59 (9th Cir.2000).

Our review of the record — in particular, the parties’ declarations in this habeas proceeding and Lott’s sentencing proceedings on July 17 and 19, 1996 — reveals that there…

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