Johal

MEMORANDUM *

Petitioner Joga Singh Johal (“Johal”) appeals the denial without an evidentiary hearing of his petition pursuant to 28 U.S.C. § 2255 to vacate his sentence on the basis of ineffective assistance of counsel. We affirm.

Johal was convicted and sentenced for violating 21 U.S.C. § 841 (c)(2) by intentionally distributing pseudoephedrine that he knew or had reasonable cause to believe would be used to manufacture methamphetamine. Johal asserts that his trial counsel failed to adequately investigate and present testimony supporting his defense that he lacked sufficient English language proficiency to have the requisite mens rea to violate Section 841(c)(2). We review de novo the district court’s decision to deny Johal’s petition. United States v. Rodrigues, 347 F.3d 818, 823 (9th Cir.2003).

Johal has failed to demonstrate that his counsel’s alleged deficient performance was prejudicial as is required by Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). At trial, Johal’s counsel presented expert testimony that was not strongly challenged concerning Johal’s language ability, Johal himself testified partially in English, and tapes were…