UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Criminal Case No. 02-371 (RJL)
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GREGORY JACKSON, )
)
Defendant. ) FILED
P- . . -
MEMORANDUM ORDER
MAY 0 5 2009
NANCY MAYER WHITTINGTON, CLERK
(May ~, 2009) [#95] U.S. DISTRICT COURT
On July 22, 2008, defendant Gregory Jackson moved to vacate, set aside, or
correct his sentence pursuant to 28 U.S.c. § 2255. ([Dkt. #88].) Defendant sought
an order vacating his conviction on account of ineffective assistance of counselor,
alternatively, relief on account of an alleged discrepancy between this Court's oral
pronouncement at the sentencing hearing and the Judgment. On February 9,2009,
this Court denied defendant's motion, finding that defendant's ineffective
assistance of counsel claim failed for lack of prejudice and defendant's sentence
discrepancy claim was without merit. (Mem. Op. & Order, Feb. 9, 2009 [Dkt.
#92].) Presently before the Court is defendant's Motion for a Certificate of
Appealability ("COA").
A COA may issue only if the applicant "has made a substantial showing of
the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The applicant must
show "that reasonable jurists could debate whether (or, for that matter, agree that)
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the petition should have been resolved in a different manner or that the issues
presented were 'adequate to deserve encouragement to proceed further.'" Slack v.
McDaniel, 529 U.S. 473, 484 (2000) (citing and quoting Barefoot v. Estelle, 463
U.S. 880, 893 & n.4 (1983». Because reasonable jurists could not find it
debatable that defendant Jackson's ineffective assistance of counsel claim fails for
lack of prejudice, it is hereby
ORDERED that defendant's motion for a certificate of appealability is
DENIED.
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