At the evidentiary hearing, Hager presented evidence that he was borderline intellectually disabled. Hager's former counsel testified that his interactions with Hager and conversations with Hager's mother did not cause him to question Hager's intellectual capacity, but did suggest that Hager had a severe substance abuse problem and therefore he had Hager evaluated by an "Alcohol and Drug Abuse Counselor" and "Registered Nurse in Psychiatric and Mental Health Nursing." This evaluation, which counsel presented to the district court at sentencing, confirmed that Hager had a profound methamphetamine addiction but did not indicate that he had an intellectual disability or that further testing was necessary. After considering "the testimony at the hearing in this matter and all other evidence in the Court's file," the district court concluded that counsel was not deficient for failing to seek further intellectual or psychological testing. The district court also concluded that there was no prejudice because it had sentenced Hager for his role in conceptualizing and planning the crime and would not have sentenced him differently had it been presented with the newly offered evidence. The district court's factual findings are supported by substantial evidence and we agree with its legal conclusions. Accordingly, we conclude that Hager fails to demonstrate that the district court erred, and we ORDER the judgment of the district court AFFIRMED.

Pickering

ta Parraguirre r "' J.

Saitta SUPREME COURT OF NEVADA (0) 1941A citt. cc: Hon. James Todd Russell, District Judge State Public Defender/Carson City Attorney General/Carson City Storey County District Attorney Storey County Clerk

SUPREME COURT OF NEVADA (0) I 947 A