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13-5292 - Gumbs v. Cunningham

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13-5292 - Gumbs v. Cunningham
January 13, 2017
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MEMORANDUM AND ORDER: In his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, petitioner Edwards Gumbs claims that he was subjected to double jeopardy and denied due process when the trial court corrected his original 15-year sentence, ten years after imposing it, to include a required term of post-release supervision ("PRS") that the court had initially failed to pronounce. For the reasons set forth below, the application is denied and the petition is dismissed. For the reasons discussed, the application of petitioner Edward Gumbs for a writ of habeas corpus under 28 U.S.C. § 2254 is denied in its entirety and the petition dismissed. Further, Gumbs has not "made a substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), so no certificate of appealability shall issue. The Clerk is directed to close this case. Ordered by Judge Raymond J. Dearie on 1/13/2017. (Rodriguez, Lori)