Opinion
CIVIL ACTION NO. H-15-3692 CRIMINAL NO. H-12-272-07
06-16-2016
RUSTY EUGENE DUKE, Movant/Defendant, v. UNITED STATES OF AMERICA, Respondent/Plaintiff
FINAL JUDGMENT
In accordance with the court's Findings of Fact and Conclusions of Law, Duke's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence By a Person in Federal Custody (Docket Entry No. 1453) is DENIED, and this action is DISMISSED WITH PREJUDICE.
Because, as explained in the Findings of Fact and Conclusions of Law, none of the claims raised by Rusty Eugene Duke make a substantial showing of the denial of a constitutional right, Duke is DENIED a certificate of appealability.
This is a FINAL JUDGMENT.
SIGNED at Houston, Texas, on this the 16th day of June, 2016.
/s/_________
SIM LAKE
UNITED STATES DISTRICT JUDGE