Curtin v. USA

Filing 5

ORDER denying 1 Motion to Vacate Sentence - 2255. So Ordered by Judge Paul J. Barbadoro.(mm)

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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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