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United States v. Tran

November 24, 2009

UNITED STATES OF AMERICA
v.
BINH CAM TRAN



The opinion of the court was delivered by: John R. Padova, J.

ORDER

AND NOW, this 24th day of November, 2009, upon consideration of Defendant's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. 2255 (Docket No. 73), the Government's Motion to Dismiss (Docket No. 77), Defendant's response thereto, and the Hearing held on November 18, 2009,

IT IS HEREBY ORDERED as follows:

1. The Government's Motion to Dismiss is GRANTED.

2. Defendant's Motion to Vacate, Set Aside or Correct Sentence Under 28 U.S.C. § 2255 is DISMISSED.

3. Because Defendant has failed to make a substantial showing of the denial of a constitutional right, there is no basis for the issuance of a certificate of appealability.

20091124

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