Naghani

MEMORANDUM ***

The facts and procedural posture of this case are known to the parties, and we do not repeat them here. Javid Naghani appeals the district court’s denial of his motion under 28 U.S.C. § 2255 to vacate his conviction and obtain a new trial for violation of 49 U.S.C. § 46504 . He argues that, under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), he received ineffective assistance of counsel at his trial because his trial counsel failed to interview or call as a witness Roman Dubejski, a flight attendant to whom Naghani made a threatening remark that served as the basis for his conviction. He also asserts that the district court erred in denying his request for an evidentiary hearing related to his Strickland claim.

We review the denial of a § 2255 motion de novo and the district court’s denial of an evidentiary hearing for an abuse of discretion. Mendoza v. Carey, 449 F.3d 1065, 1068 (9th Cir.2006).

To succeed under Strickland , Naghani must demonstrate that his trial counsel was deficient in that his representation “fell below an objective standard of reasonableness” and that as a result of his counsel’s deficient performance,…