WICKER v. USA

WICKER v. USA

Petitioner:	TERRY R. WICKER
Respondent:	USA
Case Number:	4:2016cv00106
Filed:	June 22, 2016
Court:	US District Court for the Southern District of Indiana
Office:	New Albany Office
Presiding Judge:	Tim A. Baker
Presiding Judge:	Tanya Walton Pratt
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
June 6, 2017	Filing 7 ORDER on Motion to Vacate, Set Aside or Correct Sentence (2255) - The Court now dismisses this action pursuant to Rule 4 because the holding in Beckles forecloses the petitioner's challenge to the enhancement of his sentence under the Sen tencing Guidelines. Judgment consistent with this Entry shall now issue and a copy of this Entry shall be docketed in No. 4:12-cr-28-TWP-VTW-1. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing § 2255 proc eedings, and 28 U.S.C. § 2253(c), the Court finds that the petitioner has failed to show that reasonable jurists would find "it debatable whether the petition states a valid claim of the denial of a constitutional right." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. See Entry for details. Signed by Judge Tanya Walton Pratt on 6/6/2017 (copy mailed to petitioner).(LBT)

Date Filed

Document Text

June 6, 2017

Filing 7 ORDER on Motion to Vacate, Set Aside or Correct Sentence (2255) - The Court now dismisses this action pursuant to Rule 4 because the holding in Beckles forecloses the petitioner's challenge to the enhancement of his sentence under the Sen tencing Guidelines. Judgment consistent with this Entry shall now issue and a copy of this Entry shall be docketed in No. 4:12-cr-28-TWP-VTW-1. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing § 2255 proc eedings, and 28 U.S.C. § 2253(c), the Court finds that the petitioner has failed to show that reasonable jurists would find "it debatable whether the petition states a valid claim of the denial of a constitutional right." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. See Entry for details. Signed by Judge Tanya Walton Pratt on 6/6/2017 (copy mailed to petitioner).(LBT)

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Respondent: USA
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Petitioner: TERRY R. WICKER
Represented By:	Sara J. Varner
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