Gomez v. USA

Filing 5

OPINION: Pro se defendant Jaime Gomez moves to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 on the ground that he was denied effective assistance of counsel in violation of the Sixth Amendment of the United States Cons titution when he was convicted of conspiracy, murder, and narcotics charges. For the reasons set forth above, the defendant has failed to demonstrate any basis for relief under 28 U.S.C. § 2255. The motion is therefore denied. Because Gomez has not made a substantial showing of the denial of a constitutional right, I decline to issue a certificate of appealability. See 28 U.S.C. § 2255 (1996) (as amended by the Antiterrorism and Effective Death Penalty Act). I certify pursuant to 28 U.S.C. § 1915(a)(3) that any appeal taken from this decision and order would not be taken in good faith. SO ORDERED. (Signed by Judge Denny Chin on 7/30/2009, Entered in 99-Cr-1048) (dnd)