UNITED STATES I)ISTRICT C()URT
FOR THE DISTRICT OF COLUMBIA
UNITEI) STATES ()F AMERICA,
v.
HERBERT F. YoU
' ‘ NG’ Crim. No. 07-0153-4 (TFH)
Defendant.
MEM()RANDUM OPINION
The Court has received an Order from the United States Court of Appeals for the District
of Columbia Circuit ("D.C. Circuit") directing this Court to determine whether pro se defendant
Herbert F. Young is entitled to a Certificate of Appealability ("COA") [ECF No. 912]. Also
pending before the Court is de'fendant’s Application to Proceed ln Forina Pauperis [ECF No.
913]. /~\fter carefully considering the entire record in this case and for the reasons provided
below, the Court will decline to issue a C()A and will dismiss as moot the Application to
Proceed ln Forma Pauperis.
I.
Defendant was convicted in 2009 for conspiracy to distribute and possess with intent to
distribute one kilogram or more of heroin (Count One);l unlawful possession with intent to
distribute more than 50 grams of cocaine base (Count Seveii);z unlawful possession with intent to
distribute more than 100 grains of heroin (Count Nine);3 and using, carrying, or possessing a
firearm during and in relation to a drug trafficking crime (Count Ten)." Judgnieiit l~2 [ECF No.
l 21 U.S.C. §§ 846, S»