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 govern
ment 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 herviolated Cabrera's Due self from the proceedings tainted them,
Process and introduced structural error all of which requires the
reversal of the district court's denial of his claims?

Whether Cabrera received ineffective assistance of counsel