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CourtEastern District of Kentucky
Docket number2:09-cr-00033-DCR-REW
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2692013-06-04 MEMORANDUM OPINION AND ORDER as to Lazelle Maxwell: 1) The Recommended Disposition of Mag Judge Wier 264 is ADOPTED and INCORPORATED by reference. 2) Def Maxwell's motion to vacate, set aside, or correct his sentence 244 i s DENIED . 3) Maxwell's objections to the Recommended Disposition 268 are OVERRULED . 4) The United States' objections to the Recommended Disposition 265 are OVERRULED . 5) This habeas proceeding is DISMISSED and STRICKEN from the docket. 6) A Certificate of Appealability shall issue re Maxwell's second claim. The issue that is certified is "whether Maxwell's trial counsel erred under Strickland v. Washington , by failing to challenge the charges against Maxwell in Counts One and Two of the Superseding Indictment as multiplicitous. Signed by Judge Danny C. Reeves on 6/4/2013. (TJZ)cc: COR,USM,USP, Lazelle Maxwell re US Mail