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00-516 - USA v. Harb, et al


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00-516 - USA v. Harb, et al
November 21, 2008
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Memorandum&Order as to defendant Anthony G DeJohn's 2255 motion (Related doc # 128). In civil case no. 1:05CV2658 the Court rules: Petitioner Anthony DeJohn's amended 2255 motion is DENIED with respect to ineffective assistance of appellate counsel and DENIED IN PART with respect to ineffective assistance of trial counsel (Related doc # 17) and DeJohn's original 2255 motion (Related doc # 1) is TERMED as moot. Evidentiary hearing is set for 12/10/2008 at 10:00 a.m. in Courtroom 16A in order to determine the facts underlying DeJohn's sole remaining claim. DeJohn's trial counsel, Albert A. Giuliani, is ORDERED to attend the hearing. DeJohn's motions to compel a ruling from this Court (Related doc #'s 24,29) and for reconsideration of the Government's obligation to respond to earlier briefing (Related doc # 19) are DENIED as moot. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this decision could not be taken in good faith. The Court will not issue a certificate of appealability in this case because DeJohn has not "made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Judge Kathleen M. O'Malley on 11/21/2008. (H,CM)