Cates

MEMORANDUM **

Because the parties are well aware of the facts of this case, those facts will not be repeated here. Earl Calvin Cates appeals from the district court’s denial of his motion for a new trial. We affirm.

We review the district court’s decision not to hold an evidentiary hearing for abuse of discretion. See United States v. Alexander, 695 F.2d 398, 402 (9th Cir. 1982). A denial of a motion for a new trial is also reviewed for abuse of discretion. United States v. Blinder, 10 F.3d 1468, 1476 (9th Cir.1993). We review de novo Cates’s claims of ineffective assistance of counsel because, even though Cates raises the challenge on direct appeal, the record on the issue is complete and both parties requested that we reach the issue. United States v. Labrada-Bustamante, 428 F.3d 1252, 1260 (9th Cir.2005).

With respect to Cates’s claims of ineffectiveness of counsel, we find that his trial counsel made a permissible strategic decision to have Cates, who is an older, sympathetic gentleman, testify and not to pursue a potential expert witness, whose testimony could be effectively countered in cross-examination. See Strickland v. Washington, 466 U.S. 668, 690 , 104 S.Ct. 2052 ,…