Amon Rweyemamu Mtaza v. United States
HabeasCorpus Immigration Privacy
Whether the petitioner's Fourth Amendment rights were violated by an unlawful arrest, unlawful search and seizure, and involuntary coerced consent
No question identified. : QUESTION(S}) PRESENTED 1. Whether jurists of reasonable mind would debate-that “counsel was: ineffetive in violation of Sixth amendment for failure to investigate and litigate Fourth Amendment violation and failure to investigate venue defense, Factual defense where there was no probable cause to arrest»litigation of Fourth Amendment would have left Government without any evidence to support the charges, and further investigation would have revealed that petitioner did not commit wire fraud, and since 5-sheets of paper seized from him did not contained any Social Security Numbers (SSNs) which is required to file a federal tax returns, and case Agent lied "perjury testimony’ before the grand jury and the court that said 5-sheets contained SSNs, and availability of the venue and factual defense would have enable petitioner or a reasonable person in his position to make , decision in favor of trial. ; 2. In our justice system to what extent an attorney's personal conflict of interest should be tolerated. Whether jurists of reasonable mind would debate that counsel labored under conflict of interest and Certifivate of Appealability (COA) should have been granted where government bribed defense counsel with petitioner's Rnge Rover, and because of bribe, counsel failed to investi. gate, while having several plausible line of defense, and just coerced and induced guilty plea, despite physical evidences showing innocence of petitioner? 3. In this wire fraud case, petitioner raised several claims of ineffective assistance of counsel and presented evidence, exhibits and affidavits but district court failed to address the merit of claims and failed to review= evidences ,exhibits and affidavit and denied the 28 U.S.C. § 2255 motion only based on affidavits of the counsel in which counsel had failed to address all claims. Whether court of Appeals should have remanded the case back to district court to address the merits of all claims, or granted COA automatically on those : claims. . is