Pender v. USA-2255
MEMORANDUM OPINION. Signed by Judge Deborah K. Chasanow on 5/11/2017. (c/m 05/11/2017 jf3s, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Civil Action No. DKC 09-0034
Criminal Case No. DKC 06-0083
UNITED STATES OF AMERICA
This court issued a memorandum opinion and order denying
Petitioner’s motion to vacate, set aside, or correct sentence on
March 29, 2012 (ECF Nos. 61, 62).
Following the Petitioner’s
Circuit remanded the case on March 20, 2013, to further develop
the record before ruling (ECF No. 71).
The mandate was issued
May 13, 2013 (ECF No. 74).
Executive Grant of Clemency commuting Petitioner’s sentence to a
term of 188 months imprisonment (ECF No. 91).
This court issued an Order on May 9 directing Petitioner to
correct sentence should not be dismissed as moot citing United
States v. Surratt, 2017 WL 1423296 (ECF No. 92).
through counsel, agreed that the pending motion pursuant to 28
U.S.C. § 2255 is moot (ECF No. 93).
Accordingly, Petitioner’s motion will be denied.
Pursuant to Rule 11(a) of the Rules Governing Proceedings
under 28 U.S.C. § 2255, the court is also required to issue or
deny a certificate of appealability when it enters a final order
adverse to the applicant.
A certificate of appealability is a
United States v. Hadden, 475 F.3d 652, 659 (4th
A certificate of appealability may issue “only if
the applicant has made a substantial showing of the denial of a
28 U.S.C. § 2253(c)(2).
Where the court
denies petitioner’s motion on its merits, a petitioner satisfies
find the court’s assessment of the claim debatable or wrong.
Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also Miller-El
v. Cockrell, 537 U.S. 322, 336–38 (2003).
Upon review of the
record, the court finds that Petitioner does not satisfy the
Accordingly, the court will decline to issue a
resolved against Petitioner.
A separate order will follow.
DEBORAH K. CHASANOW
United States District Judge
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