Zorio

MEMORANDUM **

Federal inmate Maximo Zorio appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate his 1997 cocaine conspiracy conviction. Zorio argues the district court erred in denying his motion without an evidentiary hearing on his claim that counsel was ineffective for failing to challenge the government’s grant of immunity to government witness Villarino. Zorio seeks a reversal for an evidentiary hearing. We have jurisdiction pursuant to 28 U.S.C. § 2253 (c) and review the district court’s decision not to hold an evidentiary hearing for an abuse of discretion. United States v. Chacon-Palomares, 208 F.3d 1157, 1158-59 (9th Cir.2000). We affirm.

The district court cannot deny a § 2255 motion without an evidentiary hearing when the factual allegations, if true, would have entitled the defendant to relief. United States v. Blaylock, 20 F.3d 1458, 1465 (9th Cir.1994); Baumann v. United States, 692 F.2d 565, 570-71 (9th Cir.1982). Zorio’s claim arises out of his counsel’s discovery on cross-examination that government witness Villarino may have had an oral immunity agreement with an Assistant United States Attorney in a different case in Colorado. Zorio…