United States v. Avalos Banderas

MEMORANDUM AND ORDER

RICHARD G. KOPF, Senior District Judge.

Jose Manuel Avalos Banderas (“Avalos-Banderas”) has filed a Motion to Vacate under 28 U.S.C. § 2255 supplemented by a Memorandum and Declaration. (Filings 100 and 101.) Avalos-Banderas asserts that his defense counsel was ineffective. (Id.) Pursuant to Rule 5 of the Rules Governing Section 2255 Proceedings, I called for a response from the government. (Filing 103.)

The government submitted a 21-page brief along with an Index of Evidentiary Materials including Exhibits A through N. (Filings 106 and 107.) Among other things, those…