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17-713 - Crespo v. USA


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17-713 - Crespo v. USA
April 19, 2018
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RULING: Crespo has failed to plead a plausible claim of ineffective assistance of counsel. See Puglisi v. United States, 586 F.3d 209, 213 (2d Cir. 2009). In addition, there are no material facts in dispute: taking all of Crespos factual assertions as true, Crespos claims still fail. See Gonzalez, 722 F.3d at 131. For these reasons, the court exercises its discretion to DENY Crespos request for a hearing. Furthermore, for the reasons articulated above, the court DENIES Crespos Amended Motion to Vacate, Correct or Set Aside Sentence (Doc. No. 15). Finally, because the petitioner 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 4/19/2018. (Lewis, D)