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United States v. Hutson
416 F. App'x 662
9th Cir.
2011
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Docket

MEMORANDUM **

Appellant Kenya Markisha Hutson appeals the district court’s denial of his Motion to Vacate, Set Aside, or Correct Sentence, pursuant to 28 U.S.C. § 2255. The district court denied his motion without holding an evidentiary hearing. The district court did not abuse its discretion in deciding his motion without an evidentiary hearing. Blackledge v. Allison, 431 U.S. 63, 74 n. 4, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977); Watts v. United States, 841 F.2d 275, 277 (9th Cir.1988). Furthermore, Hutson failed to establish a “reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

AFFIRMED.

Notes

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case Details

Case Name: United States v. Hutson
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Feb 28, 2011
Citation: 416 F. App'x 662
Docket Number: No. 09-55130
Court Abbreviation: 9th Cir.
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