Guerrero

MEMORANDUM *

James Leon Guerrero appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. In a previous trial, Guerrero was acquitted of armed bank robbery under 18 U.S.C. §§ 2113 (a), 2113(d)-(e), use of a firearm in relation to a crime of violence under 18 U.S.C. § 924 (c)(1), and felon in possession of a firearm under 18 U.S.C. §§ 922 (g) and 924(a)(2). The jury could not reach a verdict on the charge of *934 conspiracy to commit armed bank robbery under 18 U.S.C. § 371 , and the district court declared a mistrial. He was subsequently re-tried for the single count of conspiracy, convicted, and sentenced to life in prison under 18 U.S.C. § 3559 .

Guerrero alleges that he received ineffective assistance because: (1) counsel misled him regarding his defense strategy and did not permit him to testify in the second trial; (2) counsel presented a factually and legally unsupported defense; (3) counsel prejudiced him by portraying him as a violent person; and (4) counsel prejudiced him at sentencing. The district court denied Guerrero's § 2255 motion without an evidentiary hearing and Guerrero now appeals that…