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06-045 - USA v. Fragoso-Gonzalez et al


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06-045 - USA v. Fragoso-Gonzalez et al
November 21, 2008
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REPORT AND RECOMMENDATIONS as to Gerardo Briseno-Fragoso - Defendant has not established that he received ineffective assistance of counsel. His Motion under 28 U.S.C. ยง 2255 should therefore be denied with prejudice. Because reasonable jurists would not disagree with this result, he should also be denied leave to appeal in forma pauperis and any requested certificate of appealability. Objections to R&R due by 12/11/2008. Signed by Magistrate Judge Michael R Merz on 11/21/2008. (kopf1, )
December 19, 2008
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ORDER ADOPTING 95 REPORT AND RECOMMENDATIONS - It is therefore ORDERED that Defendant's 83 Motion under 28 USC 2255 be, and it hereby is, DENIED with prejudice. Because reasonable jurists would not disagree with this result, he is also denied leave to appeal in forma pauperis and any requested certificate of appealability as to Gerardo Briseno-Fragoso (2). Signed by Judge Walter H Rice on 12/19/08. (cib1)