Esequiel Joel Rodriguez v. United States
DueProcess FifthAmendment HabeasCorpus
Whether it was error to deny Rodriguez a Certificate of Appealability to pursue his Sixth Amendment claim on appeal
QUESTIONS PRESENTED 1. Whether It Was Error to deny Rcdriguez A Certificate of Appealability, to Pursue His Sixth Amendment Claim on Appeal, Where He Demonstrated Ineffective Assistance cf Counsel When His Attorney Failed to Object to The Government's Breach of the Plea Agreement in Failing to Recommend a Reduction of the Offense Level. Based Upon Acceptance cf Responsibility? _ 2. Whether It Was Error.to Deny Rodriguez a Certificate of Appealability, to Pursue His Sixth Amendment Claim on Appeal, Where He Demonstrated Ineffective Assistance of Counsel When His Attorney Failed to Object to the Government's Breach of the Pleas Agreement in Failing to Ojbect or Challenge the Government's Use of Proffered Information to Obtain the Superceding Indictment. 3. Whether It Was Error to Deny Rodriguez a Certificate of Appealability, to Pursue His Sixth Amendment Claim on Appeal, Where He Demonstrated Ineffective Assistance of Counsel When His Attorney Failed to Object to the Government's Breach of the Proffer and Plea Agreement, in Failing to Object or Challenge the Government's Use of Proffered Information to Enhance or Increase Rodriguez's Sentence. 4. Whether Rodriguez Was Deprived of His Statutory Right to Appeal, Deprived of Due Process of Law Under the Fifth Amendment of the Cosnttitution, and Deprived of His Opportunity to Submit a Merits Brief, Where the Fifth circuit court of Appeals Failed to Accept Appellant's Application for A Certificat of Appealability and Failed to Answer Appellant's Request for Permission to File an Oversized Brief, and Failed to Address any of Appellant's Claims from Case Number 5:13-CR-701-OLG?