Passos-Paternina v. United States

OPINION AND ORDER

PIE RAS, District Judge.

I. INTRODUCTION

Alleging that he was denied his constitutional right to effective assistance of counsel, Petitioner now moves this Court under 28 U.S.C. § 2255 to set aside his conviction. Specifically, Petitioner asserts that his lawyer (1) failed to investigate and/or adduce evidence demonstrating Petitioner’s role (or lack thereof) in the offense and (2) undermined Petitioner’s right to testify on his own behalf. The Court recites the facts from the United States Court of Appeals for the First Circuit’s opinion affirming Petitioner’s conviction:

The…