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Ricky Munez v. United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


January 20, 2011

RICKY MUNEZ, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Hon. Jerome B. Simandle

ORDER

This matter having come before the Court upon Petitioner's motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255, [Civil No. 09-3860 Docket Item 1], on the grounds that he was denied effective assistance of counsel as guaranteed by the Sixth Amendment; the Court having considered the submissions of the parties in support thereof and opposition thereto and the evidence adduced at a hearing; for the reasons explained in the Opinion of today's date; and for good cause shown;

IT IS this 20th day of January, 2011, hereby ORDERED that Ground II of the Petition is DENIED, meaning that the entirety of the Petition has now been denied; and it is further ORDERED that a Certificate of Appealability is GRANTED as to denial of § 2255 relief on Ground II and DENIED as to Grounds I and III.

JEROME B. SIMANDLE United States District Judge

20110120

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