Opinion
CRIMINAL ACTION 99-445
05-30-2024
UNITED STATES OF AMERICA v. DAMEIA O. SMITH
ORDER
GERALD AUSTIN MCHUGH, UNITED STATES DISTRICT JUDGE
This 30th day of May, 2024, for the reasons stated in the accompanying memorandum, it is hereby ORDERED that Petitioner Smith's Motion to Vacate/Set Aside/Correct Sentence under 28 U.S.C. § 2255 (ECF 135) is DENIED.
Because the Third Circuit Court of Appeals has not addressed the issue presented here, a certificate of appealability shall issue. 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).