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United States v. Campos

August 6, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JUAN RAMIREZ CAMPOS, DEFENDANT.



The opinion of the court was delivered by: Edward J. Garcia, Judge

ORDER DENYING CERTIFICATE OF APPEALABILITY

Defendant, a federal prisoner proceeding pro se, filed a § 2255 motion to vacate, set aside or correct his sentence on January 14, 2009, which motion the court denied by order filed April 8, 2009. Defendant filed a Notice of Appeal from that order April 23, 2009. On August 5, 2009, the Ninth Circuit remanded the case to this court for the limited purpose of granting or denying a certificate of appealability.*fn1

A certification may issue "only if [defendant] has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253( c )(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue. Fed. R. App. 22(b)(1). For the reasons articulated by the court in its April 9, 2009 order, defendant's motion is procedurally time-barred and substantively deficient. Therefore, defendant has failed to make a substantial showing of the denial of a constitutional right and the request for a certificate of appealability is DENIED.

IT IS SO ...


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