Opinion
The panel unanimously finds this case suitable for decision without oral argument. Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the District of Hawaii, David A. Ezra, Chief District Judge, Presiding.
Before KOZINSKI, RYMER, and SILVERMAN, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Counsel did not render ineffective assistance under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). He pursued a coherent trial strategy, secured a downward departure that let appellant avoid incarceration and advised his client of his right to appeal.
The district court did not abuse its discretion by failing to hold an evidentiary hearing. See Swan v. Peterson, 6 F.3d 1373, 1384 (9th Cir.1993). "The court may deny a hearing if the [movant's] allegations, viewed against the record ... are so palpably incredible or patently frivolous as to warrant summary dismissal." United States v. McMullen, 98 F.3d 1155, 1159 (9th Cir.1996) (internal quotations and citations omitted).
AFFIRMED.