Gonzalo Hernandez, Petitioner-appellant, v. United States of America, Respondent-appellee, 142 F.3d 443 (9th Cir. 1998)

Federal prisoner Gonzalo Hernandez appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence for cocaine conspiracy. Hernandez contends the district court erred by failing to hold an evidentiary hearing and that his sentence should be vacated because his counsel was ineffective. We conclude no evidentiary hearing was necessary and we affirm the district court's conclusion that Hernandez's counsel did not provide ineffective assistance when she advised him not to be interviewed for his Presentence Report to avoid the possibility of a recommendation of a sentence enhancement for obstruction of justice. See Frazer v. United States, 18 F.3d 778, 781 (9th Cir. 1994).

AFFIRMED.