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17-688 - MENDIOLA v. UNITED STATES OF AMERICA


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17-688 - MENDIOLA v. UNITED STATES OF AMERICA
March 7, 2018
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Entry Discussing Motion for Relief Pursuant to 28 U.S.C. § 2255 and Denying Certificate of Appealability - For the reasons explained in this Entry, Mr. Mendiola has failed to show that he is entitled to the relief he seeks. His motion for relief pursuant to 28 U.S.C. § 2255 must be denied. Judgment consistent with this Entry shall now issue and a copy of this Entry shall be docketed in No. 1:03-cr-0056-LJM-KPF-1. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing § 2255 Proceedings, and 28 U.S.C. § 2253(c), the Court finds that Mr. Mendiola has failed to show that reasonable jurists would find this Court's "assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. See entry for details. Signed by Judge Tanya Walton Pratt on 3/7/2018. (Copy mailed to Petitioner) (MEJ)