Opinion
Criminal Action 22-154
03-28-2024
ORDER
Kearney, J.
AND NOW, this 28th day of March 2024, upon considering Defendant's habeas petition (ECF No. 28), United States' Response (ECF No. 34) with supplemental Response (ECF No. 42), Defendant's counseled Reply and supplemental authority (ECF Nos. 49, 57), United States' Surreply (ECF No. 54), extensive oral argument (ECF No. 60), post-hearing briefing on limited issues under our March 19, 2024 Order (ECF Nos. 59, 62, 63), and for reasons in today's accompanying Memorandum, it is ORDERED we:
1. DENY Defendant's habeas petition (ECF No. 28);
2. FIND no basis for an evidentiary hearing upon counsels' consent (ECF No. 51);
3. FIND no basis for a certificate of appeal ability; and, 4. DIRECT the Clerk of Court close this case.