Is Hood entitled to a new ineffective assistance of counsel claim based on his attorney's failure to identify the bindle of white powder?

MultiRegion, United States of America

The following excerpt is from Hood v. Lewis, 37 F.3d 1505 (9th Cir. 1994):

1 To the extent that Hood is attempting to raise a separate and new ineffective assistance of counsel claim based on his attorney's failure to analyze the bindle of white powder, we need not consider this claim, since Hood is raising it for the first time on appeal. See United States v. Reyes-Alvarado, 963 F.2d 1184, 1187 (9th Cir.), cert. denied, 113 S.Ct. 258 (1992).

In addition, the district court did nor err in failing to conduct an evidentiary hearing since Hood's allegations would not entitle him to relief. See Hendricks v. Vasquez, 974 F.2d, 1099, 1103 (9th Cir.1992) (habeas petitioner entitled to evidentiary hearing where allegations, if proved, would entitle him to relief and state court has not determined relevant facts).

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