context: But even if Zambrana and Ervin had preserved their challenges as to how the district court "informed its discretion," the arguments would have failed. Because their substantive arguments in support of their motions for new trial are meritless, any purported procedural deficiency in the manner in which the district court weighed the evidence would have been harmless.
citation_a.signal: see
citation_a.identifier: 337 F.3d 897, 901-02
citation_a.parenthetical: holding that district court's failure to hold evidentiary hearing to ascertain whether defendant breached plea agreement was harmless when it was clear defendant breached agreement
citation_a.sentence: See United States v. Kelly, 337 F.3d 897, 901-02 (7th Cir.2003) (holding that district court’s failure to hold evidentiary hearing to ascertain whether defendant breached plea agreement was harmless when it was clear defendant breached agreement); see also Pinholster v. Ayers, 525 F.3d 742, 764 (9th Cir.2008) (holding that “any error the district court may have committed” at evidentiary hearing addressing ineffective-assistance-of-counsel claim was harmless because defendant failed to show he was prejudiced by counsel’s alleged shortcomings); Wyoming v. Livingston, 443 F.3d 1211, 1225-26 (10th Cir.2006) (stating that district court’s failure to hold evidentiary hearing on issue of removal was harmless where evidence clearly supported removal: “In our view, to reverse and remand to the district court for an evidentiary hearing (on nothing), as the State requests, would be a colossal waste of time and resources”).
citation_b.signal: see also
citation_b.identifier: 443 F.3d 1211, 1225-26
citation_b.parenthetical: stating that district court's failure to hold evidentiary hearing on issue of removal was harmless where evidence clearly supported removal: "In our view, to reverse and remand to the district court for an evidentiary hearing (on nothing
citation_b.sentence: See United States v. Kelly, 337 F.3d 897, 901-02 (7th Cir.2003) (holding that district court’s failure to hold evidentiary hearing to ascertain whether defendant breached plea agreement was harmless when it was clear defendant breached agreement); see also Pinholster v. Ayers, 525 F.3d 742, 764 (9th Cir.2008) (holding that “any error the district court may have committed” at evidentiary hearing addressing ineffective-assistance-of-counsel claim was harmless because defendant failed to show he was prejudiced by counsel’s alleged shortcomings); Wyoming v. Livingston, 443 F.3d 1211, 1225-26 (10th Cir.2006) (stating that district court’s failure to hold evidentiary hearing on issue of removal was harmless where evidence clearly supported removal: “In our view, to reverse and remand to the district court for an evidentiary hearing (on nothing), as the State requests, would be a colossal waste of time and resources”).