Julio Sanchez v. USA

Filing 1

Opinion

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1

United States Court of Appeals
For the Seventh Circuit Chicago, Illinois 60604
Submitted February 2, 2009 Decided February 25, 2009

Before
FRANK H. EASTERBROOK , Chief Judge WILLIAM J. BAUER, Circuit Judge MICHAEL S. KANNE , Circuit Judge

No. 08-3053
JULIO JOSE LEON SANCHEZ, Petitioner-Appellant, v. UNITED STATES OF AMERICA, Respondent-Appellee. Order

Appeal from the United States District Court for the Western District of Wisconsin. No. 08-cv-243-bbc Barbara B. Crabb, Chief Judge.

After denying Julio Jose Leon Sanchez's motion for relief under 28 U.S.C. §2255, the district judge stated that reasonable persons could disagree with her decision and issued a certificate of appealability. This certificate does not comply with 28 U.S.C. §2253(c)(3) because it does not identify the issue for appeal or state why that issue

This successive appeal has been submitted to the original panel under Operating Procedure 6(b). After examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R. App. P. 34(a); Cir. R. 34(f).

No. 08-3053

Page 2

satisfies the requirement of subsection (b)(2) that the appeal present a "substantial showing of the denial of a constitutional right." The district court's certificate therefore is vacated. Davis v. Borgen, 349 F.3d 1027 (7th Cir. 2003). We have reviewed the district court's opinion and appellant's brief. For the reasons explained in the district court's thorough opinion, none of the arguments presented by appellant is substantial. Sanchez therefore is not entitled to a certificate of appealability in this court, and the appeal is dismissed.