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U.S. v. LEWIS, 4:11-CR-40037 (2016)

Court: District Court, W.D. Arkansas Number: infdco20161027a77 Visitors: 13
Filed: Oct. 26, 2016
Latest Update: Oct. 26, 2016
Summary: ORDER SUSAN O. HICKEY , District Judge . Before the Court is Defendant's Amended Application for a Certificate of Appealability. ECF No. 1728. Defendant has filed the same document with the United States Court of Appeals for the Eighth Circuit. Lewis v. United States, No. 16-2196 (8th Cir. filed June 24, 2016), ECF No. 4421167. On September 22, 2016, the Eighth Circuit granted Defendant's Application solely on the issue of "[w]hether counsel was ineffective for failing to challenge the d
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ORDER

Before the Court is Defendant's Amended Application for a Certificate of Appealability. ECF No. 1728. Defendant has filed the same document with the United States Court of Appeals for the Eighth Circuit. Lewis v. United States, No. 16-2196 (8th Cir. filed June 24, 2016), ECF No. 4421167. On September 22, 2016, the Eighth Circuit granted Defendant's Application solely on the issue of "[w]hether counsel was ineffective for failing to challenge the district court's finding that [Defendant's] 2006 conviction was a crime of violence for purposes of sentencing." Lewis, ECF No. 4450848. Therefore, Defendant's Amended Application filed in this Court is moot.

For the reasons stated above, Defendant's Amended Application for a Certificate of Appealability (ECF No. 1728) is DENIED AS MOOT.

IT IS SO ORDERED.

Source:  Leagle

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