VENEGAS-LARES v. U.S.

Nos. CV 15-00330-PHX-FJM, CR 12-00408-1-PHX-FJM

Jesus Venegas-Lares, Petitioner, v. United States, Respondent.

United States District Court, D. Arizona.

Editors Note
Applicable Law: 28 U.S.C. § 2255
Cause: 28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence
Nature of Suit: 510 Prisoner: Vacate Sentence - Habeas Corpus
Source: PACER


Attorney(s) appearing for the Case

Jesus Venegas-Lares, Petitioner, Pro Se.

USA, Respondent, represented by Fredrick Allen Cocio , US Attorneys Office.


ORDER

FREDERICK J. MARTONE, District Judge.

The Court has before it Petitioner's Motion to Vacate under § 2255 (Doc. 1), the Respondent's Response, the Petitioner's Reply, the Magistrate Judge's Report and Recommendation (R & R) (Doc. 23), Petitioner's Objections (Doc. 24), and the Respondent's Response (Doc. 25).

I have reviewed de novo the Objections and the R & R under Rule 72(b)(3), Fed. R. Civ. P. I have reviewed the transcripts. I was the sentencing judge. The Petitioner's claims that he was denied effective assistance of counsel are without merit for the reasons stated in the R & R. We accept the recommended disposition (Doc. 23).

Accordingly, it is ORDERED DENYING petitioner's Motion to vacate under 28 U.S.C. § 2255 (Doc. 1). It is further ORDERED DENYING a Certificate of Appealability under Rule 11, Rules Governing Section 2255 Proceedings, for the reason that petitioner has not made a substantial showing of the denial of a constitutional right under 28 U.S.C. § 2253(c).


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