The Court has spoken:
On October 16, 2008, Petitioner E___ C______ filed a Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 (#1). Petitioner also filed a Memorandum of Law (#2). On January 5, 2009, the Government filed its Response (#6), and on January 26, 2009, Petitioner filed a Reply (#7). On May 8, 2009, Petitioner filed a Motion to Take Judicial Notice (#9). Finally, on May 15, 2008, Petitioner filed a Motion for Leave to File 2255 Amendments (#10). For the reasons that follow, Petitioner’s Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 (#1), as amended, is DENIED.
The unfortunate Mr. C______ seems to be running out of options. His motion for a retrial was denied. His appeal was dismissed when his own attorney persuaded the Court of Appeals that there were no non-frivolous grounds for appeal. And now his § 2255 motion has been denied.
The Court did leave him one opening:
The Petitioner’s Motions for the Court to Take Judicial Notice and for Leave to File 2255 Amendments are GRANTED.
…which means that if he wants to try again, the Court will permit it.
I suppose I’ll have to check back in a few months & see whether he does.