No. 22-5090

Michelle C. Cantatore v. United States

Lower Court: Third Circuit
Docketed: 2022-07-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability criminal-history district-court-discretion evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel section-2255 sentencing sentencing-counsel sentencing-disparity
Key Terms:
HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the Third Circuit's denial of a certificate of appealability

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Third Circuit’s denial of a certificate of appealability, where the district court erred or ; alternatively abused its discretion by denying Ms. Cantatore's §2255 motion without holding an evidentiary hearing because her entitlement to relief on her claims of ineffective assistance of sentencing counsel were not conclusively refuted, is irreconcilable with controlling precedent, such that this Court should remand to the United States Court of Appeals for the Third Circuit with , instructions to issue certificates of appealability?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-07-29
Waiver of right of respondent United States to respond filed.
2022-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2022)

Attorneys

Michelle Cantatore
Michelle C. Cantatore — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent