Aguilar v. USA

Aguilar v. USA

Petitioner:	Anthony Steven Aguilar
Respondent:	USA
Case Number:	4:2009cv00125
Filed:	February 24, 2009
Court:	US District Court for the Northern District of Texas
Office:	Prisoner: Vacate Sentence Office
County:	Tarrant
Presiding Judge:	John McBryde
Nature of Suit:	None
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	28:2255 Motion to Vacate / Correct Illegal Sentence

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Date Filed	Document Text
August 10, 2009	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)

Date Filed

Document Text

August 10, 2009

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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Respondent: USA
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Petitioner: Anthony Steven Aguilar
Represented By:	Alex R Tandy
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