UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK eee en ee ee ene □□□ eeeeeeeenmeeie OK ZIMMIAN TABB, : ORDER DENYING 28 U,S.C, § Petitioner, : §2255 MOTION TO VACATE -against- ‘ 16 Cr. 747 (AK) UNITED STATES OF AMERICA, : 23 Civ. 5229 (AKH) Respondent. : ke ee ek a tt ee xX ALVIN K. HELLERSTEIN, U.S.D.J.: In light of the Second Circuit’s decision in United States v. Pastore,

(2d Cir, 2023), and Petitioner’s April 9, 2024 notice withdrawing his request for oral argument, Petitioner’s motion to vacate his sentence pursuant to

is denied. See

(b) (no hearing necessary where "the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief”). I decline to issue a Certificate of Appealability because Petitioner has "not made a substantial showing of the denial of a constitutional right," 28 U.S.C, § 2253(c)(2), and because Petitioner has failed to identify a claim that jurists of reason would find debatable as to whether Petitioner was denied such a right. See Slack v. McDaniel,

(2000). The Clerk is instructed to terminate the open motion at ECF No. | in 23cv5229 and ECF No. 68 in 16cr747 and mark 23cv5229 closed.

SO ORDERED. ip Dated: April 10, 2024 Me ff Kips ocapnnen □□ New York, New York A VIN kK. HELLERSTEIN United States District Judge