Shang

*519 MEMORANDUM **

Wade Vincent Shang appeals from the district court’s denial of his motion to vacate, correct, or set aside his sentence under 28 U.S.C. § 2255 . Shang argues that his Sixth Amendment rights were violated by the ineffective assistance of his trial counsel. Shang also moves to expand the certificate of appealability (“COA”) to encompass his argument that his appellate counsel was constitutionally ineffective. We have jurisdiction over Shang’s appeal pursuant to 28 U.S.C. §§ 1291 and 2253. We affirm, and we deny Shang’s request to expand the COA.

We review the district court’s denial of a § 2255 motion de novo, while reviewing the district court’s factual findings for clear error. United States v. Alaimalo, 313 F.3d 1188, 1191 (9th Cir.2002). A district court’s determination as to whether counsel was constitutionally ineffective is also reviewed de novo. Id.

In 2003, Shang was tried on five counts of attempted income tax evasion. He was convicted of three counts and acquitted of two; another count was overturned on appeal. Shang now contends that his trial attorney based his defense on a misunderstanding of controlling law concerning tax evasion charges.…