Amon Rweyemamu Mtaza v. United States
HabeasCorpus Immigration Privacy
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 Appealabil
ity (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 .
Whether the petitioner's Fourth Amendment rights were violated by an unlawful arrest, unlawful search and seizure, and involuntary coerced consent