Kohl

MEMORANDUM ***

Defendant Curtis Leroy Kohl was indicted on six drug-related counts. At trial, *726 the government agreed to the dismissal of four of the counts, which related to crimes that allegedly occurred on April 29, 2004; the evidence at trial demonstrated the crimes occurred, if at all, on April 15, 2004. Defendant was convicted on the two remaining counts: possession with intent to distribute methamphetamine and cocaine, in violation of 21 U.S.C. § 841 (a)(1), and possession of a firearm in relation to drug trafficking, in violation of 18 U.S.C. § 924 (c)(1). The two counts on which Defendant was convicted were alleged to have occurred during an approximately 10-month period that included April 15, 2004.

On direct appeal, we affirmed Defendant’s convictions and sentence. United States v. Kohl, 178 Fed.Appx. 651 (9th Cir.) (unpublished disposition), cert. denied, - U.S. -, 127 S.Ct. 262 , 166 L.Ed.2d 203 (2006). Defendant now appeals the district court’s denial of his motion to vacate his sentence under 28 U.S.C. § 2255 , for ineffective assistance of counsel. To demonstrate ineffective assistance of counsel, Defendant must show that counsel’s performance was deficient…