Curtin v. USA
Filing
5
ORDER denying 1 Motion to Vacate Sentence - 2255. So Ordered by Judge Paul J. Barbadoro.(mm)
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
Talbot Curtin
v.
Case No. 11-cv-564-PB
United States of America
ORDER
As the government's brief correctly explains, recent first circuit precedent makes clear that
the predicate offence on which the defendant's career offender determination was based - assault
and battery on a police officer - is a qualifying offense. See United States v. Dancy, 640 f3d 455 (
1st cir. 2011). Thus defendant's motion cannot succeed even if it is not time barred. I decline to
issue a certificate of appealability because, for the above stated reasons, the petitioner has not
made a substantial showing of the denial of a constitutional right.
SO ORDERED.
January 27, 2012
cc:
Talbot Curtin, Pro Se
Seth Aframe, Esq.
/s/ Paul Barbadoro
Paul Barbadoro
United States District Judge
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