Amiel v. United States of America

Filing 53

AMENDED ORDER: SO ORDERED that this Court dismissed the petition uponfinding that petitioner failed to prove she was denied effective assistance of counsel. Ordered by Judge Sandra J. Feuerstein on 3/19/2014. (Florio, Lisa)

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D/F FILED US * ti,~~lERI<'S ~ ICTCotJRieo NY ••tlri 19 Z014 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK * LONG i~LANDOFFQ --------------------------------------------------------------)( SARINA AMIEL, Petitioner, AMENDED ORDER 97-CV-5276 (SJF) -againstUNITED STATES OF AMERICA, Respondent. --------------------------------------------------------------)( FEUERSTEIN, J. Pursuant to an order of remand issued by the Second Circuit Court of Appeals, a hearing was conducted on January 21,2014 and continued on March 10, 2014, to determine whether the petitioner-appellant Sarina Arnie! ("petitioner") received ineffective assistance of counsel at trial. On March 10, 2014, at the conclusion of the hearing, this Court dismissed the petition upon finding that petitioner failed to prove she was denied effective assistance of counsel. As petitioner has failed to make a substantial showing of a violation of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253(c)(2); see also Miller-El v. Cockrell, 537 U.S. 322,336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Contino v. United States, 535 F.3d 124, 127 (2d Cir. 2008). Petitioner has a right to seek a certificate of appealability from the United States Court of Appeals for the Second Circuit. See 28 U.S.C. § 2253. SO ORDERED. s/ Sandra J. Feuerstein Sandra J. Feuerstein United States District Judge Dated: March 19,2014 Central Islip, New York

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