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United States v. Newton

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 2, 2009

UNITED STATES OF AMERICA, PLAINTIFF/RESPONDENT,
v.
JOHN ALLEN NEWTON, DEFENDANT/PETITIONER.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER PURSUANT TO NINTH CIRCUIT REMAND DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY AND DIRECTING CLERK OF COURT TO SERVE ORDER ON THE NINTH CIRCUIT

Pursuant to a Ninth Circuit remand, the Court declines to issue a certificate of appealability in connection with Petitioner's appeal from the Memorandum Decision and Order Denying Petitioner's Motion to Re-Open Section 2255 Motion Pursuant to Rule 60(b)(4), Federal Rules of Civil Procedure. Petitioner has not made a substantial showing of the denial of a constitutional right. Petitioner's claims that the District Court was without jurisdiction to convict him are frivolous as is his claim that his conviction of violating 18 U.S.C. § 924(c) was based on simple possession of firearms. No issue debatable among jurists of reason is presented. The Clerk of the Court is directed to serve this Order on the Ninth Circuit in Case No. 09-15276.

IT IS SO ORDERED.

20090602

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