United States v. Weaver, Winston

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Winston Delano Weaver appeals the denial of his motion under 28 U.S.C. § 2255 to vacate his conviction because of ineffective assistance of counsel in failing to. obtain information about the three suicide attempts of a government witness. 1 He contends that the district court erred in denying his motion without an evidentiary hearing to determine the significance of the attempts and why they had not been ascertained or disclosed prior to trial. Assuming that trial counsel’s performance was deficient, we hold that,…