United States District Court, S.D. New York
June 10, 2004.
JERRY WALDEN, Movant,
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
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.
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