Aguilar v. USA
Filing 10
Memorandum Opinion and Order denying, doc# 1, Motion to Vacate under 28 U.S.C. 2255. (re 4:05-CR-195-A (5)). Movant asserts that the legal representation given by his attorneys at trial, sentencing, and on appeal violated his right to effective assi stance of counsel. Section 2255 does not offer recourse to all who suffer trial errors. It is reserved for transgressions of constitutional rights and other narrow injuries that could not have been raised on direct appeal and would, if condoned, resu lt in a complete miscarriage of justice. United States v. Capua, 656 F.2d 1033, 1037 (5th Cir. 1981). Conclusory allegations are insufficient to prove a claim of ineffective assistance of counsel. Miller v. Johnson, 200 F.3d 274, 282 (5th Cir. 2000). The court ORDERS that the motion of Anthony Aguilar to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 be, and is hereby, denied. See order for specifics. (Ordered by Judge John McBryde on 8/10/09) (dld)
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