Guzman-Ortiz v. United States, No. 15-3184 (8th Cir. 2017)
Annotate this CasePetitioner, convicted of a drug offense, appealed the district court's denial of his request for post-conviction relief without granting an evidentiary hearing. Petitioner had moved to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255(a). The court concluded that the district court did not err by ruling that counsel's cross-examination strategies, closing argument, and challenges to the drug quantities was not constitutionally deficient. The court also concluded that it was not an abuse of discretion by the district court to forgo holding an evidentiary hearing before dismissing the section 2255 motion. Because petitioner was not deprived of his constitutional right to effective assistance of counsel, the court affirmed the dismissal of the section 2255 motion.
Court Description: Riley, Author, with Wollman and Benton, Circuit Judges] Prisoner case - Habeas. For the court's opinion affirming Guzman's conviction and sentence, see U.S. v. Chantharath, 705 F.3d 295 (8th Cir. 2013). In this 2255 proceeding, Guzman asserted his counsel's performance at trial was deficient because he failed to competently cross-examine an adverse witness, failed to make a competent closing argument and failed to challenge the drug quantity calculation; counsel's trial strategy concerning the cross-examination and closing argument were reasonable and legitimate and did not constitute ineffective assistance of counsel; further, counsel challenged the drug quantity and his strategy resulted in the district court taking the low end of the ranges to which witnesses testified; a hearing was not required where Guzman's claims were either contradicted by the record or, if accepted as true, would not entitle him to relief.
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