McClain
McClain v. United States
Opinion
Trial Court Opinion
1 FILED : php . 7 si} UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DOUGLAS AARON McCLAIN, IR., Case No.: 3:16-cv-02495-BEN Movant, 3:12-cr-00918-BEN (2) 13 || Vv. ORDER DENYING MOTION TO
||. Respondent.| U.S.C.§ 2255 16 This matter comes before the Court for consideration of the Motion to Vacate, 18 || pursuant to 28 U.S.C. § 2255, filed by Movant Douglas Aaron McClain, Jr. (“Movant”). 19 || The Court has considered the parties’ papers, relevant legal authorities, and the record in case. The Court hereby DENIES the Motion and DECLINES to issue a certificate of 21 || appealability. BACKGROUND ||A. Factual Background and Procedural History On March 9, 2012, Movant and his two co-Defendants, James T. Miceli!
26} 00S |" Miceli died prior to trial. Movant was subsequently tried with his remaining defendant Spanier after Movant’s…