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United States v. Nigro

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


July 2, 2009

UNITED STATES OF AMERICA
v.
JOHN NIGRO

The opinion of the court was delivered by: Jan E. Dubois, J.

ORDER

AND NOW, this 2nd day of July, 2009, upon consideration of John Nigro'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. 117, filed April 28, 2008); Nigro's pro se Memorandum of Law and Amplification of Claims in Support of Petition for Writ of Habeas Corpus (Document No. 128, filed October 7, 2008); Government's Response to Petitioner's Motion Under 28 U.S.C. § 2255 (Document No. 134, filed February 17, 2009); Nigro's counseled Supplemental Memorandum (Document No. 141, filed June 3, 2009); Government's Response to Petitioner's Supplemental Memorandum Under 28 U.S.C. § 2255 (Document No. 142, filed June 18, 2009); the Hearing on Claim M in the Motion held on June 18, 2009; and oral argument on Claim M and other issues raised in the Motion on June 18, 2009, IT IS ORDERED that, for the reasons stated in the Memorandum of July 2, 2009, John Nigro'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).

20090702

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