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Talbot Curtin v. United States of America

January 27, 2012

TALBOT CURTIN
v.
UNITED STATES OF AMERICA



The opinion of the court was delivered by: Paul Barbadoro United States District Judge

ORDER

As the government's brief correctly explains, recent first circuit precedent makes clear that the predicate offence on which the defendant's career offender determination was based - assault and battery on a police officer - is a qualifying offense. See United States v. Dancy, 640 f3d 455 (1st cir. 2011). Thus defendant's motion cannot succeed even if it is not time barred. I decline to issue a certificate of appealability because, for the above stated reasons, the petitioner has not made a substantial showing of the denial of a constitutional right.

SO ORDERED.

Paul Barbadoro

cc:

20120127

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