Cervantes

MEMORANDUM *

Pablo Cervantes appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate his conviction and sentence. Cervantes was convicted of conspiring to manufacture and distribute methamphetamine, manufacturing methamphetamine, possessing methamphetamine with the intent to distribute it, and aiding and abetting the manufacture of methamphetamine in violation of 21 U.S.C. §§ 846 , 841(A)(1) and 18 U.S.C. § 2 , and sentenced to 262 months in prison and 60 months of supervised release. Cervantes alleges that (1) his counsel was constitutionally ineffective because he failed to investigate a potentially meritorious misidentification defense; (2) his counsel was constitutionally ineffective because of a conflict of interest; and (3) his constitutional right to testify on his own behalf was infringed when his counsel did not permit him to take the stand. The district court denied Cervantes’s § 2255 motion without a hearing and Cervantes now appeals that decision. We affirm the district court’s dismissal of Cervantes’s claim regarding his right to testify, reverse its denial of his two ineffective assistance of counsel claims, and remand for an evidentiary…