Guerrero

MEMORANDUM **

James Leon Guerrero appeals the district court’s denial of his 28 U.S.C. § 2255 motion. Guerrero was indicted on four counts in connection with the armed robbery of the Bank of Guam. At trial, the jury returned verdicts of acquittal on three of the counts and was hung on the count for conspiracy to commit armed bank robbery. At the subsequent trial for the conspiracy count, the jury returned a verdict of guilty, and Guerrero was sentenced to *996 life in prison pursuant to the three-strikes provision of 18 U.S.C. § 3559 (c). After losing a direct appeal, Guerrero filed a § 2255 motion arguing that he received ineffective assistance of counsel at the second trial. The district court denied the motion without a hearing and on appeal we remanded for an evidentiary hearing. Guerrero v. United States, 84 Fed.Appx. 933 (9th Cir.2003).

Following the hearing, the district court again denied Guerrero’s claim and he appealed. We consider Guerrero’s claim under the two-part standard set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Guerrero identifies three aspects of trial counsel’s representation as ■ deficient. First, Guerrero…