Julio Sanchez v. United States , 311 F. App'x 925 ( 2009 )

NONPRECEDENTIAL DISPOSITION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
Appeal from the United
JULIO JOSE LEON SANCHEZ, States District Court for the
Petitioner-Appellant, Western District of Wisconsin.
v. No. 08-cv-243-bbc
Barbara B. Crabb,
UNITED STATES OF AMERICA, Chief Judge.
Respondent-Appellee.
Order
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.