United States v. Hurley
United States v. Hurley
Opinion of the Court
MEMORANDUM
Appellant Cathy Ann Hurley (“Hurley”) appeals the district court’s dismissal, with
“The district court may deny a section 2255 motion without an evidentiary hearing only if the movant’s allegations, viewed against the record, either do not state a claim for relief, or are so palpably incredible or patently frivolous as to warrant summary dismissal.” United States v. Burrows, 872 F.2d 915, 917 (9th Cir. 1989) (citations omitted). We thoroughly have reviewed the record in this case, and we conclude that Hurley’s claims of IAC are either palpably incredible or patently frivolous.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir. R. 36-3.
. In addition to Sixth Amendment IAC claims, Hurley also alleged that her Fourth, Fifth, and Eighth Amendment rights were violated. The Fourth and Fifth Amendment claims were withdrawn at Hurley's request. Although the Eighth Amendment claim was not withdrawn, it was not addressed by the district court, nor by either party in their briefs to this court. Therefore, any appeal regarding the Eighth Amendment claim has been waived. See Greenwood v. FAA, 28 F.3d 971, 977 (9th Cir. 1994).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.