Villalpando v. United States of America, No. 5:2010cv04051 - Document 31 (N.D. Iowa 2012)

Court Description: MEMORANDUM Opinion and Order denying remaining claim of ineffective assistance of trial counsel re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) (See Order Text). No certificate of appealability will issue on any claim in this case. Signed by Judge Mark W Bennett on 10/30/2012. (des)

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Villalpando v. United States of America Doc. 31 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION ALBERTO VILLALPANDO, Petitioner, No. C 10-4051-MWB (Crim. No. CR 06-4027-MWB) vs. MEMORANDUM OPINION AND ORDER REGARDING PETITIONER’S REMAINING UNITED STATES OF AMERICA, CLAIM FOR § 2255 RELIEF AND REQUEST FOR CERTIFICATE OF Respondent. APPEALABILITY ____________________ For the reasons stated on the record at the conclusion of the evidentiary hearing on October 30, 2012, on petitioner Villalpando’s remaining § 2255 claim of ineffective assistance of trial counsel for failing to advise him to plead guilty and to procure a plea agreement, that claim is denied. I conclude, further, that petitioner Villalpando has not made a substantial showing of the denial of a constitutional right on any of his § 2255 claims. See 28 U.S.C. § 2253(c)(2). Specifically, there is no showing that reasonable jurists would find my assessment of Villalpando’s claims debatable or wrong, Miller-El v. Cockrell, 537 U.S. 322, 338 (2003); Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997), cert. denied, 525 U.S. 834 (1998), or that any court would resolve those issues differently. Cox, 133 F.3d at 569. Therefore, Villalpando does not make the requisite showing to satisfy § 2253(c) on Dockets.Justia.com his claims for relief, and no certificate of appealability will issue on any claim in this case. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b). IT IS SO ORDERED. DATED this 30th day of October, 2012. __________________________________ MARK W. BENNETT U. S. DISTRICT COURT JUDGE NORTHERN DISTRICT OF IOWA 2

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