Stephen

United States v. Stephen

Good Law
78 F. App'x 627
United States Court of Appeals for the Ninth CircuitOctober 20, 2003No. 02-55808; D.C. No. CV-00-01968-WMBCalifornia263 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Quintín Stephen appeals the denial of his 28 U.S.C. § 2255 motion without an evidentiary hearing. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

*628 Stephen raised ineffective assistance of counsel claims in his 28 U.S.C. § 2255 motion. On appeal, he contends that the district court abused its discretion in failing to hold an evidentiary hearing.

In deciding a section 2255 motion, a district court is required to give a claim “careful consideration and plenary processing, including full opportunity for presentation of the relevant facts.” Shah v. United States, 878 F.2d 1156, 1159 (9th Cir.1989) (quotation omitted); see also 28 U.S.C. § 2255 . A district court has the discretion to forego an evidentiary hearing and rely instead on the record, which may be supplemented by the following: discovery and documentary evidence, the judge’s own notes and recollection of the trial, and common sense. Id.

Here, the district court had an extensive record before it including transcripts from the plea hearing and counsel’s affidavit. In addition, the same judge took Stephen’s guilty plea, sentenced him, and ruled on the section 2255 motion.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.