Villalpando v. United States of America

Filing 31

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)

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

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

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