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United States v. Askew

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


April 20, 2010

UNITED STATES OF AMERICA
v.
MAURICE ASKEW

The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

ORDER OF COURT DENYING CERTIFICATE OF APPEALABILITY

On January 1, 2010, this Court entered an Order denying Petitioner's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody ("Motion to Vacate") (Doc. No. 260) which raised three grounds for relief. The Court declined to conduct an evidentiary hearing on petitioner's Motion to Vacate because the record conclusively showed that none of the grounds were even plausible. Denial of petitioner's Motion to Vacate was not a close call, but the Court, inadvertently, did not issue a Certificate of Appealability or state the reasons why such Certificate should not issue.

Upon remand from the United States Court of Appeals for the Third Circuit (Doc. No. 285), IT IS HEREBY ORDERED as follows:

Criminal No. 03-244-4

AND NOW, this 20th day of April, 2010, for the reasons set forth in the Memorandum Opinion Regarding Petitioner's Motion to Vacate (Doc. No. 272), the Court finds that no reasonable jurist could find merit to any issue raised in petitioner's motion to vacate, and therefore, the Court declines to issue a Certificate of Appealability.

20100420

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