Louie Anthony Salemi v. United States
HabeasCorpus
Did the Eleventh Circuit Court of Appeals abuse its discretion by not providing a reasoned opinion to support its order?
QUESTION PRESENTED The ‘Eleventh Circuit Court of Appeals denied Mr. Salemi a certificate of appealability with a summary order using boiler plate language. : Did the Eleventh Circuit Court of Appeals abuse its discretion by not providing a reasoned opinion to support its order? Wilson v. Sellers, U.S. __ (Jan.2018). Mr. Salemi's 28 U.S.C. § 2255 claims comprised allegations of out of court, off-record advice from counsel. Section 2255(b) provides the district . court shall conduct an evidentiary hearing unless the allegations are conclusively refuted by the record. The out-of-court events were never addressed on the record. ; Should the district court have conducted an evidentiary hearing? See Machibroda v. United States, 368 U.S. 487 (1962). wie .