Opinion
CRIMINAL ACTION NO. 03-324-1, CIVIL ACTION NO. 06-3422.
April 14, 2009
Order
AND NOW on this 14th day of April 2009, upon careful consideration of defendant James McNamara's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 (Doc. No. 59), the government's response thereto, defendant's reply, the evidentiary hearings, and defendant's and government's supplemental memoranda, IT IS HEREBY ORDERED that:
(1) Defendant's motion to vacate, set aside, or correct sentence is DISMISSED in part and the balance DENIED;
(2) The Clerk shall CLOSE this case for statistical purposes; and
(3) Defendant having failed to make a substantial showing of the denial of a constitutional right, there is no ground to issue a certificate of appealability.