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14-135 - Kemp v. USA


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14-135 - Kemp v. USA
June 1, 2017
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MEMORANDUM AND ORDER: For the reasons discussed above, the Court concludes that motion and the files and records of this case conclusively show that Kemp is not entitled to relief under 28 U.S.C. § 2255 based on any of the claims he asserts his motion to vacate. Therefore, the motion will be denied without a hearing. See Engelen v. United States, 68 F.3d 238, 240 (8th Cir. 1995). Additionally, the Court finds that Kemp has not made a substantial showing of the denial of a constitutional right. Therefore, the Court will not issue a certificate of appealability. See 28 U.S.C. § 2253.An appropriate Order will accompany this Memorandum. Signed by District Judge Carol E. Jackson on 6/1/17. (CSG)
June 2, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the supplemental motion of Bobby Joe Kemp to vacate, set aside, or correct sentence [Doc. # 9] is granted in part and denied in part. IT IS FURTHER ORDERED that a copy of this Memorandum and Order shall be filed in the underlying criminal case, United States v. Bobby Joe Kemp, No. 1:13-CR-00022 (CEJ). An order vacating the judgment on Count II will be entered separately. Signed by District Judge Carol E. Jackson on 6/2/17. (CSG)