Whether Cabrera received ineffective assistance of counsel

Questions Presented 1. Whether Cabrera made a sufficient showing that he received ineffective assistance of counsel as a result of his counsel's : failure to challenge the loss amount at sentencing to entitle him to an evidentiary hearing and/or Certificate of Appealability? 2. Whether Cabrera made a sufficient showing that he received ineffective assistance of counsel due to counsel's failure to clarify the received date of the return on Count 2 and establish Cabrera could not have prepared or filed it to entitle him to an evidentiary hearing and/or Certificate of Appealability? 3. Whether Cabrera made a sufficient showing that the government violated his Due Process by twisting and manipulating witness testimony to confuse and mislead the jury to entitle him to an evidentiary hearing and/or Certificate of Appealability? | 4. Whether the Magistrate's failure to inform that she had been a prosecutor in Cabrera's case and her failure to recuse herself from the proceedings tainted them, violated Cabrera's Due Process and introduced structural error all of which requires the reversal of the district court's denial of his claims? ii . Certificate of Interested Persons ) Pursuant to Supreme Court Rule 14(1)(b), the following persons may have an interest in the outcome of these proceedings: 1. Dan Bernstein, Assistant U.S. Attorney 2. Evelyn Baltondano-Sheehan, Assistant U.S. Attorney 3. Richard Brown, Assistant U.S. Attorney 4. Rogoberto Cabrera, Petitioner 5. Honorable Ed Carnes, llth Circuit Court of Appeals Judge 6. Honorable James I. Cohn, U.S. District Court Judge , 7. Honorable Britt C. Grant, U.S. Circuit Judge, llth Circuit 8. Jose Herrera, Trial Counsel 9. Honorable Patrick Hunt, U.S. Magistrate Judge 10. Honorable Beverly Martin, llth Circuit Court of Appeals Judge 11. Honorable Lisette M. Reid, U.S. Magistrate Judge 12. Richard L. Rosenbaum, Appellate Counsel . 13. Kathleen M. Slayer, Assistant U.S. Attorney 14. Honorable Barry S. Seltzer, U.S. Magistrate Judge . 15. John Shipley, Assistant U.S. Attorney 16. Emily M. Smachetti, Assistant U.S. Attorney 17. Honorable Lurana S. Snow, U.S. Magistrate Judge 18. Alejandro Soto, Assistant U.S. Attorney 19. Honorable Donald E. Walter, U.S. Senior District Court Judge 20. Honorable Patrick White, U.S. Magistrate Judge There is no parent or publicly held company that owned 10% or more of the corporate stock in this case. iii List of Proceedings United States v Rigoberto Cabrera, Case No. 13:CR-20339 JIC United States v Rigoberto Cabrera, Case No. 14-10541-GG, 635 Fed. Appx. 801 (11th Cir. 2015) Rigoberto Cabrera v United States, Case No. 16-5085 . Rigoberto Cabrera v United States, ; Case No. 17-cv~-23627-JIC ; Rigoberto Cabrera v United States, Case No. 20-10772-J iv :