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United States v. Hebert

United States District Court, Eastern District of Louisiana

November 14, 2014

UNITED STATES OF AMERICA
v.
STEVEN HEBERT

SECTION: R

AMENDMENT TO ORDER AND REASONS

SARAH S. VANCEUNITED STATES DISTRICT JUDGE

The Court hereby amends its November 6, 2014 order and reasons[1] denying Hebert's motion to vacate his plea under 28 U.S.C. § 2255 to reflect the following:

The Court will not issue a certificate of appealability. A court may only issue a certificate of appealability if the petitioner makes "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). To make this showing, a petitioner must demonstrate "that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further." Johnson v. Quarterman, 483 F.3d 278, 284-85 (5th Cir. 2007) (quoting Miller-El v. Cockrell, 537 U.S. 322, 327 (2003)).

Hebert's motion does not satisfy these standards. After conducting an evidentiary hearing, the Court found that Hebert failed to satisfy either prong of his ineffective assistance of counsel claim.[2] Accordingly, the Court finds that Hebert's argument does not amount to a substantial showing that his constitutional rights were compromised, nor that jurists of reason could disagree with the Court's resolution of his claim.

For the foregoing reasons, the Court will not issue a certificate of appealability.


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