Ortiz-Graulau v. United States, No. 12-2188 (1st Cir. 2014)Annotate this Case
After a jury trial in federal district court, Petitioner was convicted of child pornography and sentenced to 180 months’ imprisonment. The First Circuit Court of Appeals affirmed Petitioner’s conviction and sentence. Petitioner subsequently filed a petition under 28 U.S.C. 2255 collaterally attacking his conviction on four grounds. The district court rejected the petition. The First Circuit affirmed the district court’s denial of Petitioner’s petition for collateral relief, holding (1) because Petitioner did not show any prejudice, his ineffective assistance of counsel claim failed; (2) any error that the district court made in excluding certain testimony did not have a substantial and injurious effect on the jury’s verdict; (3) the conduct underlying Petitioner’s conviction was not constitutionally protected; and (4) Petitioner’s argument that he was actually innocent failed.