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15-9537 - United States of America v. Kirklin


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15-9537 - United States of America v. Kirklin
May 10, 2016
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MEMORANDUM Opinion and Order written by the Honorable Matthew F. Kennelly on 5/10/2016: For the foregoing reasons, the Court directs the Clerk to enter judgment dismissing defendant Tyrone Kirklin's motion under 28 U.S.C. § 2255. The Court issues a certificate of appealability on defendant's ineffective assistance claim regarding trial counsel's failure to raise the Alleyne issue regarding the "brandishing" enhancement. The Court declines to issue a certificate of appealability on defendant's remaining claims, because it can find nothing to suggest that the merits of those claims are debatable, capable of different resolution, or deserving of further consideration. See 28 U.S.C. §2253(c)(2); Barefoot v. Estelle, 463 U.S. 880, 893 n.4 (1983); Porter v. Gramley, 121 F.3d 1308, 1312 (7th Cir. 1997). Mailed notice. (pjg, )
December 9, 2016
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MEMORANDUM Opinion and Order: For the foregoing reasons, the Court denies Kirklin's motion to vacate the judgment [dkt. no. 17]. Signed by the Honorable Matthew F. Kennelly on 12/9/2016. Mailed notice(vcf, )