Amico

MEMORANDUM **

Petitioner-Appellant Bruce L. Amico appeals the denial of his petition for writ of habeas corpus. Amico requests an evidentiary hearing on the second ground raised in his petition and, through his supplemental brief, has moved to expand the Certificate of Appealability (“COA”) to include the first ground.

1. We construe the COA to encompass Amico’s challenge to the denial of an evidentiary hearing. See United States v. Howard, 381 F.3d 873 , 877 n. 3 (9th Cir.2004). An evidentiary hearing is not required if the issues can be resolved by reference to the state record. Totten v. Merkle, 137 F.3d 1172, 1176 (9th Cir.1998). Here, the district court had the benefit of a complete record of the state proceedings, and Amico has not explained why an evidentiary hearing was necessary to supplement that record or what additional evidence he would have presented. See Griffin v. Johnson, 350 F.3d 956, 966 (9th Cir.2003) (holding that an evidentiary hearing was not necessary); Gandarela v. Johnson, 286 F.3d 1080, 1087-88 (9th Cir. 2001) (same). Hence, the district court did not abuse its discretion in resolving the petition without first conducting an evidentiary hearing. See…