Jesus Adam Lizarraga v. United States
HabeasCorpus
Whether the Eight Circuit's denial of a certificate of appealability
QUESTION PRESENTED Whether the Eight Circuit’s denial of a certificate of appealability, where the district court summarily denied Mr. Lizarraga’s motion to vacate, based on that court’s erroneous determination that his claim that his guilty plea was the result of gross misadvice, including former counsel's “promise that [Lizarraga] would not serve a prison sentence over 18 years,” constituting ineffective assistance of counsel was procedurally defaulted because he “failed to raise [this claim of ineffective assistance of counsel] on direct appeal,” is irreconcilable with this Court’s holding in Massaro v. United States, 538 U.S. 500 (2003), such that this Court should remand to the United States Court of Appeals for the Eighth Circuit with instructions to issue a certificate of appealability?