Flood v. USA - 2255, No. 8:2011cv03563 - Document 7 (D. Md. 2023)
Court Description: MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 10/10/2023. (c/m to P on 10/11/2023 heps, Deputy Clerk)
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Flood v. USA - 2255 Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JAMES EVERETT FLOOD,III Petitioner, Grim. No. 03-457-PJM-3 V. Civ. No. 11-3563-PJM UNITED STATES OF AMERICA Respondent. MEMORANDUM OPINION James Everett Flood has filed a Motion for a Certificate of Appealability (ECF No. 682) with respect to the Court's decision (ECF Nos. 578, 579) denying his claims for ineffective assistance of counsel raised in his Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. For the reasons that follow, the Court DENIES Flood's Motion for a Certificate of Appealability.• Background On October 21,2005,Flood was convicted by ajury for one count ofkidnapping in violation of 18 U.S.C. § 1201(a)(Count One), one count of conspiracy to commit kidnapping in violation of 18 U.S.C. § 1201(c)(Count Two), and three counts of using a firearm during and in relation to a "crime of violence" in violation of 18 U.S.C. § 924(c)(counts Three, Four, and Five, respectively). Thereafter, the Court sentenced Flood to life imprisonment for Count One, a consecutive term of ten years for Count Two, and consecutive terms of five, twenty-five, and twenty-five years respectively for counts Three, Four, and Five (for a total term of imprisonment of life plus sixtyfive years). See ECF No. 234. 'Unless otherwise noted, all citations to the record correlate to Flood's criminal case, Crim. No. 03-457-PJM-3. 1 Dockets.Justia.com
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