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13-043 - USA v. Hammond

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13-043 - USA v. Hammond
May 24, 2018
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RULING as to Tyron Hammond re 2255 Motion Filed: Hammond has failed to plead a plausible claim of ineffective assistance of counsel. See Puglisi, 586 F.3d at 213. In addition, there are no material facts in dispute: taking all of Hammonds factual assertions as true, Hammonds claims still fail. See Gonzalez, 722 F.3d at 131. For these reasons, the court exercises its discretion to DENY Hammonds request for a hearing. Furthermore, for the reasons articulated above, the court DENIES Hammonds Motion to Vacate, Correct or Set Aside Sentence (Doc. No. 1). Finally, because the petitioner has not made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. ยง 2253(c)(2). Signed by Judge Janet C. Hall on 5/24/2018. (Lewis, D)