Hightower

MEMORANDUM *

Thomas A. Hightower appeals the district court’s denial of his petition for habe-as corpus under 28 U.S.C. § 2254 . He challenges his California conviction after he entered a nolo contendere plea to a charge of committing a lewd and lascivious act upon a child. We affirm.

The district court did not err in failing to hold an evidentiary hearing on whether Hightower was competent to enter a nolo contendere plea. Hightower was not entitled to an evidentiary hearing because he did not allege facts that would, if proved, entitle him to relief. See Jones v. Wood, 114 F.3d 1002, 1010 (9th Cir.1997). The district court analyzed the extensive record of petitioner’s psychiatric treatment and behavior during the plea colloquy, and needed no further information to conclude that the state court’s decision denying relief on the merits of this claim precluded habeas relief. See 28 U.S.C. § 2254 (d); Totten v. Merkle, 137 F.3d 1172, 1176 (9th Cir.1998) (noting that an evidentiary hearing is not required when issues can be resolved by reference to the state court record).

Similarly, the district court did not err in failing to hold an evidentiary hearing on Hightower’s claim that…