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16-952 - Zayac v. USA

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16-952 - Zayac v. USA
January 5, 2018
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RULING: Zayac has failed to establish a plausible claim that his due process rights were violated or that his trial counsel was ineffective. In addition, there are no material facts in dispute: even taking all of Zayacs factual assertions as true and drawing all inferences in his favor regarding factual questions not answered in the record, Zayacs claims still fail. For these reasons, the court exercises its discretion to DENY Zayacs request for a hearing. Furthermore, for the reasons articulated above, the court DENIES Zayacs Motion to Vacate on his due process argument and both his ineffective assistance of counsel arguments. Finally, because Zayac has not made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. ยง 2253(c)(2).. Signed by Judge Janet C. Hall on 1/5/2018. (Lewis, D)