Opinion
Civil Action 1:22-CV-110 CRIMINAL ACTION 1:21-CR-326-1
05-25-2023
ALBERTO ESTIVEN RIASCOS-CARDENAS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
Fernando Rodriguez, Jr., United States District Judge
In August 2022, Petitioner Alberto Estiven Riascos-Cardenas moved to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255, alleging that he received ineffective assistance of counsel in connection with his sentencing. (Motion, Doc. 1)
The Magistrate Judge ordered the Government to file a response and held an evidentiary hearing. (See Order, Doc. 4; Order, Doc. 15) On April 19, 2023, the Magistrate Judge issued a Report and Recommendation, recommending that Riascos-Cardenas's Motion be denied as substantively meritless. (R&R, Doc. 28)
No party filed objections to the Report and Recommendation, and the Court finds no plain error within it. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b)(3).
As a result, the Court ADOPTS the Report and Recommendation (Doc. 28). It is:
ORDERED that Petitioner Alberto Estiven Riascos-Cardenas's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 1) is DENIED as meritless.
In addition, the Court finds that no outstanding issue would be debatable among jurists of reason, and that Riascos-Cardenas fails to make a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). Accordingly, the Court DENIES a Certificate of Appealability.
The Clerk of Court is directed to close this matter.