District court order denying petitioner’s motion to vacate his conviction on grounds that the government violated his rights under Article 36 of the Vienna Convention on Consular Relations is affirmed where the court properly concluded that petitioner’s claim was procedurally barred as petitioner raised the argument for the first time and claims cannot be raised for the first time in a motion to vacate if they could have been raised at trial or on direct appeal, and petitioner also failed to show he suffered prejudiced by the denial. Plaintiff’s certificate of appealability cannot be expanded to include a claim that his trial counsel was ineffective as plaintiff cannot show that reasonable jurists could debate whether his trial attorney provided ineffective assistance of counsel by eliciting the testimony in question.
Read Sandoval v. US, No. 07-4005
Appellate InformationAppeal from the United States District Court for the Central District of Illinois..Argued: April 17, 2009Decided: July 31, 2009
JudgesBefore FLAUM, EVANS, and WILLIAMS, Circuit Judges.Opinion by WILLIAMS, Circuit Judge.
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