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13-102 - USA v. Swiger

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13-102 - USA v. Swiger
February 1, 2017
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MEMORANDUM OPINION AND ORDER as to Benjamin Dwayne Swiger. For the reasons set forth above, the Court holds that neither petitioner's prosecution in this court nor his sentencing was in violation of the constitution or laws of the United States and he is not entitled to an evidentiary hearing. His motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. ยง 2255, [Docs.41], is DENIED. Because petitioner has failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. Signed by District Judge J Ronnie Greer on 02/01/2017. (C/M to pro se filer) (AMP)