United States District Court, S.D. New York
May 24, 2004.
DAVID LIVINGSTON, Movant, -against- UNITED STATES OF AMERICA, Respondent
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Movant's motion for leave to file a brief in support of his petition
under 28 U.S.C. § 2255 is granted.
The motion for relief under 28 U.S.C. § 2255 is denied,
substantially for the reasons set forth in the government's response
dated March 29, 2004. In particular, the Court is entirely satisfied that
movant's counsel represented him ably and aggressively and that the claim
of ineffective assistance of counsel, even if it were properly before the
Court, would be entirely baseless.
A certificate of appealability is denied, and the Court certifies that
any appeal herefrom would not be taken in good faith within the meaning
of 28 U.S.C. § 1915(a)(3).
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