Joseph A. Caramadre v. United States

Should a Writ of Habeas Corpus issue to the United States Court of Appeals for the First Circuit (“Court of Appeals”) on the grounds that the showing that Petitioner made before the United States District Court for the District of Rhode Island (“District Court”), in support of his motion pursuant to 28 U.S.C. § 2255 to vacate his conviction and sentence, satisfied the requirements of Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052 (1984), Hill v. Lockhart, 474 U.S. 52, 59, 106 S. Ct. 366

and their progeny, and therefore, that Court of Appeals erred in denying Petitioner’s motion for a Certificate of Appealability (“COA”) permitting him to appeal the District Court’s Decision and Order denying Petitioner’s motion and denying him a COA.

Should a Writ of Habeas Corpus issue to the Court of Appeals because that Court erred in failing to grant Petitioner’s Motion for a COA on the grounds that in the proceedings below, the District Court abused its discretion by failing to hold a hearing pursuant to 28 U.S.C. §2255 (b), even though Petitioner’s Motion alleged reasonably specific, non-conclusory facts that, if true, would have entitled him to relief.

Should a Writ of Habeas Corpus issue to the Court of Appeals because that Court erred in failing to grant Petitioner’s Motion for a COA on the grounds that the District Court did not apply the proper standard in adjudicating Petitioner’s request for a COA, because the District Court did not base its decision upon the standard of “debatability,” but rather on a full merits analysis, in violation of this