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11-412 - United States of America v. Welch


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11-412 - United States of America v. Welch
May 12, 2014
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Memorandum of Opinion and Order as to Michael A. Welch: Defendant's Motion to Vacate Under Section 2255 is denied. Furthermore, 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, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R.App.P. 22(b). Judge Patricia A. Gaughan on 5/12/14. (LC,S) re 45 Civil Case 5:14-cv-00587-PAG closed.
May 24, 2017
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Memorandum of Opinion and Order as to Michael A. Welch: Pending before the Court is petitioner's Motion for Relief Under 28 U.S.C. § 2255 (Doc. 56). Thus, Johnson's vagueness holding does not apply to the Sentencing Guideline provision under which petitioner was sentenced. Petitioner's motion is, therefore, DENIED. Furthermore, 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, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253; Fed. R. App. P. 22(b). Judge Patricia A. Gaughan on 5/24/17. (LC,S)