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United States v. Berger

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


May 19, 2010

UNITED STATES OF AMERICA
v.
JAY BERGER

The opinion of the court was delivered by: Michael M. Baylson, U.S.D.J.

ORDER

AND NOW, this 19th day of May, 2010, it is hereby ORDERED as follows:

1. The Government's Motion to Dismiss the Petition (Doc. No. 65) is hereby GRANTED, as the Defendant in his plea agreement waived the right to present any collateral challenge to his conviction and sentence, and has not alleged any miscarriage of justice sufficient to overcome that waiver. See United States v. Khattak, 273 F.3d 557 (3d Cir. 2001).

2. The Defendant's Motion for Reconsideration (Doc. No. 62) is DENIED.

3. A certificate of appealability is DENIED.

20100519

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