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17-2857 - United States of America v. Hunter

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17-2857 - United States of America v. Hunter
January 22, 2018
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MEMORANDUM Opinion and Order written by the Honorable Matthew F. Kennelly on 1/22/2018: For the foregoing reasons, the Court grants Hunter's motion for leave to supplement or amend [dkt. nos. 9 and 10] his section 2255 motion, but directs the Clerk to enter judgment denying Hunter's motion to vacate his sentence pursuant to 28 U.S.C. § 2255 [dkt. no. 1]. The Court issues a certificate of appealability under 28 U.S.C. § 2253(c)(2), limited to the claim of ineffective assistance of counsel based on counsel's failure to challenge whether the 1993 and 1997 state court offenses were offenses involving delivery of a controlled substance. The Court declines to issue a certificate of appealability on Hunter's remaining claims, because their disposition is not fairly debatable. Mailed notice. (pjg, )