United States v. Demik

The district court denied James Demik’s request for an evidentiary hearing on his claim of ineffective assistance of counsel. Because the court did not abuse its discretion, we affirm.

I

Demik was found guilty by a jury. After trial, he fired his trial counsel and filed pro se motions, including a motion for a new trial and a motion to adopt his co-defendants’ motions. In the former, Dem-ik alleged his trial counsel was ineffective, stating the following:

Defendant DeMik’s counsel failed or refused direct instructions with respect to critical motions and final argument, failed to make or…