IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
June 15, 2009
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Jan E. Dubois, J.
AND NOW, this 15th day of June, 2009, upon consideration of Keith Water's pro se Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (Document No. 601, filed September 17, 2008); United States of America's Response in Opposition to Defendant's Section 2255 Petition (Document No. 625, filed January 2, 2009); Waters's counseled Reply to the Government's Response to the Pro Se Motion of Keith Waters under 28 U.S.C. § 2255 (Document No. 631, filed March 13, 2009); United States of America's Sur-Response in Opposition to Defendant's Section 2255 Petition (Document No. 634, filed April 14, 2009); the Hearing on Argument D in the Motion held on May 27, 2009 and June 1, 2009; and oral argument on all of the issues raised in the Motion on June 1, 2009, IT IS ORDERED that, for the reasons stated in the Court's Memorandum of June 15, 2009, Keith Waters's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 is DENIED.
IT IS FURTHERED ORDERED that a certificate of appealability will not issue on the ground that petitioner has not made a substantial showing of a denial of a constitutional right as required under 28 U.S.C. § 2253(c)(2).
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