In UnitedStates v. Le, the Court held that "[w]here the files and records indicate lack of merit of a § 2255 claim, the Court is not required to hold an evidentiary hearing." 846 F. Supp. 982, 982 (11th Cir. 1994) citing United States v. Lagrone, 727 F.2d 1037 (11th Cir. 1984) and Ferguson v. United States, 699 F.2d 1071, 1072 (11th Cir. 1983). Accord Williams v. United States, 443 F.2d 1151, 1153 (5th Cir. 1971).

In the context of a guilty plea, this means that Petitioner must show that but for his counsel's deficient performance, Petitioner would not have pled guilty and would have gone to trial. United States v. Phy Phong Le, 846 F. Supp. 982 (M.D.Fla. 1994). According to Strickland, to succeed on this claim Petitioner must prove that his attorney's performance was deficient and that he would not have plead guilty if his attorney had negotiated a plea bargain.