Manuel Zurita v. United States

CASTLE, Chief Judge.

Petitioner appeals the District Court’s denial of an evidentiary hearing on his pro se motion to vacate sentence under 28 U.S.C. § 2255. Petitioner was convicted of robbing a bank by the use of a dangerous weapon, in violation of 18 U.S.C. § 2113(d). The collateral attack on said conviction rests on petitioner’s assertion that his privately retained trial counsel, Max Cohen, could not have provided effective assistance of counsel due to an alleged conflict of interest. The sole issue on appeal is whether the allegations contained in the motion entitled *478petitioner to an…