Boone v. United States

WILLLIAM H. STEELE

In accordance with the order entered on this date, it is hereby ORDERED, ADJUDGED, and DECREED that the Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody filed in this case (Doc. 39 in Criminal No. 05-00265-WS-N) be and the same hereby DISMISSED as time-barred. The petitioner is not entitled to a certificate of appealability and is therefore not entitled to appeal in forma pauperis. And Petitioner Benjamin Charles Boone's motion to compel the United States to file a substantial assistance motion pursuant to Rule 35(b), Federal Rules of Criminal Procedure (Doc. 47 in Criminal No. 05-00265-WS-N) is DENIED.

WILLLIAM H. STEELE

CHIEF UNITED STATES DISTRICT JUDGE