Epskamp v. United States of America, No. 1:2017cv01646 - Document 15 (S.D.N.Y. 2018)

Court Description: OPINION AND ORDER: In sum, the evidence at trial and sentencing established that Epskamp, a longtime drug trafficker, played a substantial role in a scheme to transport a massive amount of cocaine from the Dominican Republic to Europe on a plane reg istered in the United States. That Epskamp was convicted at trial, and that his conviction and sentence were affirmed on appeal, was clearly a function of that evidence, not the inadequacy of his attorneys, who represented him vigorously and ably thr oughout his trial, sentencing, and appeal. Thus, and for the reasons set forth above, Epskamp's Petition is DENIED. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability wil l not issue. See 28 U.S.C. § 2253. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to terminate the motion pending at Doc. No. 269 in Case No. 12-cr-120, to close Case No. 17-cv-1646, and to mail a copy of this order to Petitioner. SO ORDERED. (Signed by Judge Richard J. Sullivan United States Circuit Judge Sitting By Designation on 12/27/2018) (ne) Transmission to Docket Assistant Clerk for processing.