Opinion
CRIMINAL ACTION NO. 06-30005-2.
September 17, 2008
ORDER
Considering Petitioner Ronnie Ray Rademacher's Application for Issuance of a Certificate of Appealability [Doc. No. 84],
IT IS HEREBY ORDERED that a certificate of appealability shall issue pursuant to 28 U.S.C. § 2253(c) and Federal Rule of Appellate Procedure 22(b) on the following issue for which Petitioner has made a substantial showing of the denial of a constitutional right: whether Petitioner was prejudicially denied effective assistance of counsel in violation of the Sixth Amendment due to his counsel's failure to inform him that the government was not going file a motion for a downward departure based on substantial assistance.