Mitchell v. United States of America
ORDER as to Lezmond Mitchell, denying Petitioner's 30 Amended MOTION Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, Or, in the Alternative, Pursuant to 28 U.S.C. § 2241; the Clerk sha ll enter judgment accordingly and terminate this action; GRANTING a Certificate of Appealability as to the following issues: Claim A Whether counsel's failure to investigate, prepare, and present evidence of intoxication resulted in ineffective assistance at trial; Claim B Whether counsel's failure to investigate, prepare, and present evidence of addiction and intoxication resulted in ineffective assistance at sentencing; and Claim D Whether counsels failure to investigate, prepare, and present evidence of Mitchell's social history and executive functioning deficits resulted in ineffective assistance at sentencing. Signed by Judge Mary H Murguia on 9/30/10. (REW)
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