Kirk Clymer v. United States

91 F.3d 151 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kirk CLYMER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 95-55941. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1996. * Decided July 15, 1996. Before: HUG, Chief Judge, SCHROEDER and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 Former federal prisoner Kirk Clymer appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his jury conviction and 15-month sentence for bankruptcy fraud in violation of 18 U.S.C. §§ 2 and 152, and use of a false Social Security number in violation of 42 U.S.C. § 408 (a)(7)(B). Clymer contends that his trial counsel provided ineffective assistance and that the district court abused its discretion by denying his § 2255 motion without granting him an evidentiary hearing on this issue. 1 We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2255. We review de novo the district…