Orozco-Contreras

MEMORANDUM **

Faustino Orozco-Contreras appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion, which challenges his conviction and 108-month sentence for conspiracy to possess with intent to distribute or to distribute heroin. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a). We review the denial de novo and any findings of fact for clear error, United States v. Benboe, 157 F.3d 1181, 1183 (9th Cir.1998), and we review the decision not to hold an evidentiary hearing for abuse of discretion, Frazer v. United States, 18 F.3d 778, 781 (9th Cir.1994). We affirm.

Orozco-Contreras contends that trial counsel was ineffective because counsel did not file a notice of appeal. However, the district court did not clearly err in determining that the evidence submitted establishes that counsel consulted with Orozco-Contreras, who indicated that he did not want counsel to file an appeal. Thus, Orozco-Contreras has not shown that counsel’s performance was deficient. See Roe v. Flores-Ortega, 528 U.S. 470, 477 , 120 S.Ct. 1029 , 145 L.Ed.2d 985 (2000) (“[A] defendant who explicitly tells his attorney not to file an appeal plainly cannot later complain that, by…