Bliss

MEMORANDUM **

Michael Anthony Bliss appeals the district court’s denial of his 28 U.S.C. § 2255 habeas corpus petition, whereby Bliss sought to withdraw his guilty plea on the ground that he received ineffective assistance of counsel that rendered his guilty plea involuntary. We review a district court’s decision to deny or grant a motion under 28 U.S.C. § 2255 de novo. See United States v. Fry, 322 F.3d 1198, 1200 (9th Cir.2003). Whether a defendant received ineffective assistance of counsel is also reviewed de novo. See United States v. Alaimalo, 313 F.3d 1188, 1191 (9th Cir. 2002). We reverse.

Because he pled guilty, Bliss cannot raise any claim of a constitutional violation that occurred prior to entry of that plea. See Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973). Rather, Bliss can only raise a constitutional claim to support his assertion that his plea was not knowing and voluntary. To prevail on this claim, Bliss must meet the requirements set out in Strickland v. Washington, 466 U.S. 668, 690 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). See Hill v. Lockhart, 474 U.S. 52, 58-59 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985). Bliss must establish…