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13-105 - USA v. TUGGLE et al


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13-105 - USA v. TUGGLE et al
August 14, 2017
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Entry Dismissing Motion to Vacate, Set Aside, or Correct Sentence and Denying a Certificate of Appealability - Petitioner Ashton Tuggle filed a motion for relief pursuant to 28 U.S.C. ยง 2255 arguing that, under Johnson v. United States, 135 S. Ct. 2551 (2015), his convictions are unconstitutional. For the reasons stated in this Entry, the motion for relief is denied and this action is dismissed pursuant to Rule 4 of the Rules Governing Section 2255 Proceedings for the United States District Courts. Judgment consistent with this Entry shall now issue and a copy of this Entry shall be docketed in No. 1:13-cr-105-JMS-DKL-1. The Court finds that Tuggle has failed to show that reasonable jurists would find "it debatable whether the petition states a valid claim of the denial of a constitutional right." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. Copy to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 8/14/2017.(APD)