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Julio Jose Leon SANCHEZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee

United States Court of Appeals for the Seventh Circuit2009-02-25No. No. 08-3053
311 F. App'x 925

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Opinion

majority opinion

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 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.