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Vaughan v. U.S.

United States District Court, W.D. North Carolina, Charlotte Division
Sep 19, 2008
CIVIL NO. 3:08CV330 (3:01CR248) (W.D.N.C. Sep. 19, 2008)

Summary

holding that the Santos decision cannot be applied retroactively in collateral proceedings or otherwise

Summary of this case from Arreskjold v. U.S.

Opinion

CIVIL NO. 3:08CV330 (3:01CR248).

September 19, 2008


ORDER


THIS MATTER is before the Court on the Petitioner's notice of appeal and motion for a certificate of appealability, filed September 17, 2008.

An appeal may not be taken to the court of appeals from the denial of a motion pursuant to 28 U.S.C. § 2255 unless a certificate of appealability has been issued. 28 U.S.C. § 2253(c)(1)(B). Such a certificate may not issue unless the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). The Petitioner has not made such a showing. IT IS, THEREFORE, ORDERED that a certificate of appealability is hereby DENIED.


Summaries of

Vaughan v. U.S.

United States District Court, W.D. North Carolina, Charlotte Division
Sep 19, 2008
CIVIL NO. 3:08CV330 (3:01CR248) (W.D.N.C. Sep. 19, 2008)

holding that the Santos decision cannot be applied retroactively in collateral proceedings or otherwise

Summary of this case from Arreskjold v. U.S.
Case details for

Vaughan v. U.S.

Case Details

Full title:PHILLIP MARK VAUGHAN, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court:United States District Court, W.D. North Carolina, Charlotte Division

Date published: Sep 19, 2008

Citations

CIVIL NO. 3:08CV330 (3:01CR248) (W.D.N.C. Sep. 19, 2008)

Citing Cases

Hemmings v. Outlaw

No court or Justice of the Supreme Court has declared that Santos applies retroactively. See United States v.…

Arreskjold v. U.S.

To the contrary, courts that have considered the issue have found that it is not retroactively applicable to…