Rojas-Millan

United States v. Rojas-Millan

Good Law
120 F. App'x 135
United States Court of Appeals for the Ninth CircuitJanuary 14, 2005No. 04-15916California249 words

Opinion

Lead Opinion

*136 MEMORANDUM **

Federal prisoner Maurillo Rojas-Millan appeals the judgment of the district court denying his 28 U.S.C. § 2255 motion to vacate, alter, or set aside his sentence. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Rojas-Millan contends that he received ineffective assistance of counsel because his attorney failed to inform him of a plea offer by the government. Even assuming that this allegation is true, RojasMillan has failed to. show “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, v. Washington, 466 U.S. 668, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). The district court therefore properly denied this claim.

Rojas-Millan further contends that the district court erred in failing to conduct an evidentiary hearing. Because the files and records conclusively show that Rojas-Millan is not entitled to relief, the district court acted within its discretion in denying his § 2255 motion without an evidentiary hearing. See 28 U.S.C. § 2255 ; see also United States v. Blaylock, 20 F.3d 1458, 1465 (9th Cir.1994) (In deciding whether petitioner…

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