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[Download] "United States V. Cepero" by Third Circuit U.S. Court Of Appeals " Book PDF Kindle ePub Free

United States V. Cepero

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eBook details

  • Title: United States V. Cepero
  • Author : Third Circuit U.S. Court Of Appeals
  • Release Date : January 17, 2000
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 70 KB

Description

We must decide whether the Antiterrorism and Effective Death Penalty Act of 1996 precludes our review of Appellant's unsuccessful S 2255 motion to correct his sentence, notwithstanding the District Court's issuance of a certificate of appealability under 28 U.S.C.S 2253. Appellant contends that the District Court erred by sentencing him under U.S.S.G. S 2D1.1 because the Government did not prove the substance involved in his criminal offenses was crack cocaine. The court order declared: "A certificate of appealability on the crack-enhancement is granted. It is denied on all other issues." App. at 113a. The Government now moves for dismissal of this appeal on the grounds that the District Court erroneously issued the certificate of appealability because Cepero did not make a "substantial showing of the denial of a constitutional right" as required under S 2253(c)(2) so as to invoke our limited power to review the denial of his S 2255 petition. We will grant the Government's motion to dismiss.


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