Court of Appeals for the Ninth Circuit December 19, 2001, No. 00-15547; D.C. Nos. CR-95-00312-DAE CV-99-00167-DAE (United States v. Lindberg)

MEMORANDUM **

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.