Govang v. USA

Filing 1

ORDER DISMISSING Motion Under 28 U.S.C. 2255. Signed by Judge Ronald M. Whyte on 11/30/10. (jg, COURT STAFF) (Filed on 11/30/2010)

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Govang v. USA Doc. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER SUMMARILY DISMISSING MOTION CASE NOS. C-05-05205; CR-07-00349-RMW *E-FILED - 11/30/10* IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff-Respondent, v. DAVID MARC GOVANG, Defendant-Petitioner. CASE NO. C-05-05205-RMW Related to: CR-07-00349-RMW ORDER SUMMARILY DISMISSING MOTION UNDER 28 U.S.C. 2255 On October 20, 2009, David Marc Govang filed a motion under 28 U.S.C. 2255 to vacate, set aside or correct his sentence. The motion seeks to set aside his conviction and sentence entered on November 14, 2007 on the basis that the judgment against him is void. The judgment was entered following Govang's plea of guilty pursuant to a plea agreement. Govang's argument is difficult to follow but he apparently claims that the statute under which he was prosecuted was not validity enacted. The motion is without merit and is hereby summarily dismissed pursuant to Rule 4(b) of the Rules Governing Section 2255 Proceedings. The court does not find that the issue raised in movant's 2255 motion warrants a certificate of appealability. The Clerk may close the file. DATED: 11/30/10 _____________________________ RONALD M. WHYTE United States District Judge Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Copy of Order mailed on 12/1/10 Shawna Yen Assistant United States Attorney 150 Almaden Blvd., Suite 900 San Jose, CA 95113 to: Attorney for Plaintiff-Respondent United States of America David Govang #10723-111 FCI Fort Worth PO Box 15530 Fort Worth, Texas 76119 Defendant-Petitioner in Pro Se ORDER SUMMARILY DISMISSING MOTION CASE NOS. C-05-05205; CR-07-00349-RMW

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