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07-374 - Briseno-Fragoso v. USA


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07-374 - Briseno-Fragoso v. USA
November 21, 2008
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REPORT AND RECOMMENDATIONS - Defendant has not established that he received ineffective assistance of counsel. His Motionunder 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 85 REPORT AND RECOMMENDATIONS (Filed as Doc. 95 in 3:06CR045-2)- 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 Walter H Rice on 12/19/08. (NOTE: This document will be changed to reflect correct document number of #96) (cib1) Modified on 12/19/2008 to correct document number (cib1).