United States Second Circuit

In proceedings arising from a denial of petitioner's 28 U.S.C. section 2255 motion to vacate his guilty plea and sentence, government's motion to dismiss defendant's appeal for lack of jurisdiction is denied where defendant's notice of appeal was considered to have been timely filed. Defendant's motion for certificate of appealability is also denied where he failed to make a substantial showing of the denial of a constitutional right, as required by 28 U.S.C. section 2253(c).

Appellate Information

• Decided 07/24/2008
• Published 07/24/2008

Judges

• PER CURIAM:, Before:  CALABRESI, STRAUB, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jeremy Gutman, New York, NY, for Petitioner-Appellant.


• For Appellees:
  
• Jason P.W. Halperin, United States Attorney's Office for the Southern, District of New York, New York, NY, for Respondent-Appellee.