153184P.pdf   02/27/2017  Patricio Guzman-Ortiz  v.  United States
   U.S. Court of Appeals Case No:  15-3184
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Riley, Author, with Wollman and Benton, Circuit Judges] 
   Prisoner case - Habeas. For the court's opinion affirming Guzman's 
   conviction and sentence, see U.S. v. Chantharath, 705 F.3d 295 (8th Cir. 
   2013). In this 2255 proceeding, Guzman asserted his counsel's performance 
   at trial was deficient because he failed to competently cross-examine an 
   adverse witness, failed to make a competent closing argument and failed to 
   challenge the drug quantity calculation; counsel's trial strategy 
   concerning the cross-examination and closing argument were reasonable and 
   legitimate and did not constitute ineffective assistance of counsel; 
   further, counsel challenged the drug quantity and his strategy resulted in 
   the district court taking the low end of the ranges to which witnesses 
   testified; a hearing was not required where Guzman's claims were either 
   contradicted by the record or, if accepted as true, would not entitle him 
   to relief.