Lustig v. USA

Filing 15

OPINION AND ORDER: For the reasons listed in this Opinion and Order, the Court concludes that Petitioner effectively waived his right to collaterally attack his sentence and that, even if he did not, his claims would fail on the merits. In addition, the Court finds that Petitioner has failed to demonstrate that he received ineffective assistance of trial counsel. Accordingly, it is hereby ordered that the petition for a writ of habeas corpus is DENIED. Because Petitioner has not made a "s ubstantial showing of a denial of a constitutional right," 28 U.S.C. 2253(c)(2), a certificate of appealability will not issue. The Clerk of the Court is respectfully directed to close this case. (Signed by Judge Richard J. Sullivan on 12/8/10) (mro)

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