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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 19-10521
Non-Argument Calendar
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D.C. Docket Nos. 5:18-cv-00195-RH-CJK; 5:14-cr-00017-RH-CJK-1
LOUIS REED, JR.,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Florida
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(October 24, 2019)
Before WILSON, ROSENBAUM, and HULL, Circuit Judges.
PER CURIAM:
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Louis Reed, Jr., a pro se federal prisoner who will serve a 13-month total
sentence for theft of government funds and making false statements, appeals the
district court’s denial of his 28 U.S.C. § 2255 motion to vacate. On appeal, Reed
argues that the district court abused its discretion when, without first ordering an
evidentiary hearing, it denied his claims that his attorney rendered ineffective
assistance.1
We review for abuse of discretion a district court’s denial of an evidentiary
hearing in a § 2255 proceeding. Rosin v. United States, 786 F.3d 873, 877 (11th Cir.
2015). A district court abuses its discretion if it applies an incorrect legal standard,
applies the law in an unreasonable or incorrect way, follows improper procedures in
making a determination, or clearly errs in making its factual findings.
Winthrop-Redin v. United States, 767 F.3d 1210, 1215 (11th Cir. 2014). “[I]n an
appeal brought by an unsuccessful habeas petitioner, appellate review is limited to
the issues specified in the COA.” Murray v. United States, 145 F.3d 1249, 1251
(11th Cir. 1998).
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After the district court granted a certificate of appealability (“COA”) on the issue of
whether there should have been an evidentiary hearing on ineffective assistance of counsel, Reed
raised another issue: whether counsel was ineffective in failing to argue for a third-point reduction
for acceptance of responsibility, even though Reed’s offense level was less than 16. On appeal,
Reed attempted to fit this argument under the COA, but this argument falls beyond the COA’s
scope. See Murray v. United States, 145 F.3d 1249, 1251 (11th Cir. 1998). The argument was not
before the district court when it denied Reed’s § 2255 motion and issued the COA. We therefore
do not address the argument or consider expansion of the COA.
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The district court is not required to grant an evidentiary hearing in a § 2255
case where the files and records of the case conclusively show that the movant is
entitled to no relief. Rosin, 786 F.3d at 877. However, the district court should grant
an evidentiary hearing and rule on the merits of a movant’s claim if he alleges
reasonably specific, non-conclusory facts that, if true, would entitle him to relief.
Winthrop-Redin, 767 F.3d at 1216. Accordingly, the district court must accept as
true the movant’s specific factual allegations in determining whether he is entitled
to an evidentiary hearing. Griffith v. United States, 871 F.3d 1321, 1330 n.9 (11th
Cir. 2017). Nevertheless, an evidentiary hearing is unnecessary where the movant’s
allegations are affirmatively contradicted by the record, based on unsupported
generalization, or patently frivolous. Winthrop-Redin, 767 F.3d at 1216. Dismissal
is also appropriate where a movant has presented conclusory allegations unsupported
by specific factual assertions. Id.
Generally, we analyze ineffective-assistance-of-counsel claims under
Strickland v. Washington, 466 U.S. 668, 687-88, 694 (1984), which requires an
attorney’s performance to fall below objective standards of reasonableness, and the
movant to show that the result of the proceeding would have been different had his
attorney acted properly. In a plea context, this requires the movant to demonstrate
that “there is a reasonable probability that, but for counsel’s errors, he would not
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have pleaded guilty and would have insisted on going to trial.” Hill v. Lockhart, 474
U.S. 52, 59-60 (1985).
Concerning the COA issue, Reed has failed to show that the district court
abused its discretion in refusing to grant him an evidentiary hearing on his
ineffective-assistance-of-counsel claim (relating to his claim for credit) because he
failed to allege specific facts showing he was entitled to relief. See Winthrop Redin,
767 F.3d at 1216. In his original § 2255 motion, and on appeal, Reed asserted that
his counsel misled him and falsely promised that he would receive credit in return
for pleading guilty. However, these assertions are plainly refuted by the record.
During the plea colloquy, Reed stated under oath that the plea agreement represented
his entire agreement with the government, there were no undisclosed promises not
contained in the plea agreement, and nobody made him any promises that caused
him to plead guilty, other than what was contained in the plea agreement.
Additionally, Reed acknowledged during the colloquy that he understood he could
not back out of his guilty plea if his counsel miscalculated his prison sentence.
Accordingly, his arguments that he was relying on the credit in pleading guilty
directly contradict that sworn testimony.
Finally, Reed has failed to allege any facts, other than general assertions,
showing that he would have proceeded to trial had he not been misled. See Hill, 474
U.S. at 59. As the district court noted, Reed altogether failed to explain not receiving
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credit for his six months’ detention (during which he received state credit for
unrelated charges) would have made him plead not guilty in his federal case. Plus,
Reed failed to object to his consecutive state and federal sentences at sentencing.
Moreover, Reed only first raised his claim to credit nine months after entering his
guilty plea. In addition, logically, it makes little sense that knowing he would not
receive credit for the six months’ detention would have caused him to plead not
guilty, as Reed’s guideline sentence would have increased by five months, anyway,
had he not pled guilty.
Here, the district court did not abuse its discretion in denying Reed’s § 2255
motion without first holding an evidentiary hearing. Accordingly, we affirm.
AFFIRMED.
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