Opinion
Criminal Action No. 04-cr-00103-REB-5 Civil Action No. 10-cv-01688-REB
09-13-2011
UNITED STATES OF AMERICA, Plaintiff-Respondent, v. JANNICE MCLAIN SCHMIDT, Defendant-Movant.
JUDGMENT
Pursuant to and in accordance with the Order entered by the Honorable Robert E. Blackburn [#1876], filed September 13, 2011, the following Final Judgment is hereby entered:
1. That the "Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" [#1835] filed July 16, 2011 by the defendant-movant is DENIED, and this action is dismissed with prejudice; and
2. That the corresponding civil action is dismissed; and
3. That the parties shall bear their own costs and attorney fees; and
4. That a certificate of appealability shall not issue because Movant has not made a substantial showing of the denial of a constitutional right.
Dated at Denver, Colorado this 13th day of September, 2011.
FOR THE COURT:
GREGORY C. LANGHAM, CLERK
By:Edward P. Butler, Deputy Clerk