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97-203 - USA v. MCCLEARY, et al


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97-203 - USA v. MCCLEARY, et al
October 27, 2008
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MEMORANDUM AND ORDER OF 10/27/08 AS TO JAMES MCINTOSH THAT UPON CONSIDERATION OF PETITONER, JAMES MCINTOSH'S MOTION TO "MODIFY AND IMPOSED TERM OF IMPRISONMENT PURSUANT TO 18 U.S.C. 3582(C)(1)(B) AUTHORIZING DISTRICT COURTS TO MODIFY SENTENCE VIA 28 U.S.C. 2255 1-2", AND THE RESPONSE IN OPPOSITION THERETO, IT IS HEREBY ORDERED THAT THE MOTION IS DENIED. THERE IS NO PROBABLE CAUSE FOR ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY JUDGE ROBERT F. KELLY. 10/28/08 ENTERED AND COPIES E-MAILED AND MAILED. (DT)