United States v. Antonio Frausto

GRUENDER, Circuit Judge.

Antonio Frausto pled guilty to conspiring to distribute and possess with the intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1) and 846. The district court 1 sentenced him to 240 months’ imprisonment. His sentence was affirmed on direct appeal. Frausto petitioned for a writ of habeas corpus pursuant to 28 U.S.C. § 2255, arguing that he was denied his Sixth Amendment right to effective assistance of counsel. The district court denied Frausto’s petition without an evidentiary hearing. We granted a certificate of appealability, and…