Opinion
Criminal Action No. 09-cr-00180-REB Civil Action No. 10-cv-01809-REB
01-24-2013
UNITED STATES OF AMERICA, Plaintiff-Respondent, v. 1. JOSE GUADALUPE HERRERA-HERNANDEZ, Defendant-Movant.
JUDGMENT
Pursuant to and in accordance with Fed. R. Civ. P. 58(a) and the Order entered by the Honorable Robert E. Blackburn [#112], filed Jan. 23, 2013, the following Judgment is hereby entered:
1. The applicant's Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [#26] filed March 14, 2011, is DENIED; and
2. The respondent's Motion To Dismiss or, in the Alternative, Answer to Defendant-Movant's Motion To Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 [#30] filed October 13, 2011, is GRANTED; and
3. Under 28 U.S.C. § 2253(c)(2) and Rule 11 of the Rules Governing Section 2255 Proceedings for the United States District Courts, a certificate of appealability is DENIED; and
4. The corresponding civil action is hereby CLOSED.
Dated at Denver, Colorado this 24th day of January, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: _______________
Edward P. Butler, Deputy Clerk