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WALDEN v. U.S.

United States District Court, S.D. New York


June 10, 2004.

JERRY WALDEN, Movant,
v.
U.S., Respondent.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Movant's motion for relief pursuant to 28 U.S.C. § 2255 is denied, to the extent not denied previously by order dated February 20, 2004, is denied substantially for the reasons set forth in the government's letter dated May 14, 2004. In brief, movant has not even approached satisfaction of either prong of the Strickland standard. The decisions of his counsel of which he complains were tactical judgments which, far from falling below the constitutionally mandated minimum level of performance, almost assuredly were correct in the circumstances. In any case, the evidence against movant was overwhelming and he therefore was not prejudiced in the slightest.

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. § 915(a)(3). The Clerk shall close the case.

  SO ORDERED.

20040610

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