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United States v. Luis-Salgado

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 1, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JORGE LUIS-SALGADO, DEFENDANT.

ORDER

Defendant Jorge Luis-Salgado was sentenced in this action on March 18, 1998. His conviction was affirmed by the Ninth Circuit on May 18, 1999. His first petition for relief under 28 U.S.C. § 2255 was filed on January 24, 2000, and was denied by this court on September 27, 2000. He was given a certificate of appealability by this court on November 2, 2000, and on October 25, 2001, the Ninth Circuit affirmed this court's order denying his petition.

Presently before this court is a second petition from Luis-Salgado for relief under § 2255. Before a defendant may proceed with a second or successive motion under § 2255, he must receive a certification from the Court of Appeals pursuant to the provisions of 28 U.S.C. § 2244. 28 U.S.C. § 2255(h). Because it does not appear that Luis-Salgado has obtained such a certification, his present petition must be dismissed.

IT IS THEREFORE ORDERED that defendant Jorge Luis-Salgado's petition for relief pursuant to 28 U.S.C. § 2255, filed September 27, 2010, be, and the same hereby is, DISMISSED.

20101001

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