Nguyen v. USA

Filing 6

ORDER denying Motion to Vacate Sentence under 28 USC 2255. So Ordered by Judge Paul J. Barbadoro.(vln)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Van Thi Nguyen
v.

Case No. 11-cv-319-PB

United States of America

O R D E R

The defendant has failed to explain how she was prejudiced
by her counsel's alleged failure to have an interpreter read her
the presentence report before she was sentenced.
identify any errors in the report.

She does not

Nor does she explain a

different outcome might have been obtained if an interpreter had
read her the report rather than her attorney.

Accordingly, as

the government has demonstrated in its opposition to the motion,
she has not established an essential component of her
ineffective assistance of counsel claim.

Defendant's motion to

vacate (Doc. No. 1) is denied.
Because the petitioner has failed to make a substantial
showing of the denial of a constitutional right, the court
declines to issue a certificate of appealability.

See 28

U.S.C.§ 2253(c)(2); Rule 11, Rules Governing Habeas Corpus Cases
Under Section 2254; First Cir. LR 22.0.

SO ORDERED.

/s/Paul Barbadoro
Paul Barbadoro
United States District Judge

September 8, 2011
cc:

Van Thi Nguyen, pro se
Seth R. Aframe, Esq.

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