Free Order on Motion to Vacate - District Court of Colorado - Colorado

Case 1:03-cr-00210-MSK

Document 98

Filed 08/25/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Criminal Action No. 03-cr-00210-MSK Civil Action No. 04-cv-02088-MSK UNITED STATES OF AMERICA, Plaintiff, v. ROBERT B. SULLIVAN, Defendant. ______________________________________________________________________________ ORDER DENYING MOTIONS TO VACATE SENTENCE ______________________________________________________________________________ THIS MATTER comes before the Court pursuant to the Defendant' Motion to Vacate s Sentence (# 94) and Amended Motion to Vacate Sentence (# 95). After a jury trial, the Defendant was convicted (# 40) of one count of unlawful possession of a firearm, 18 U.S.C. § 922(g), and sentenced (# 49) to 51 months'imprisonment. The Defendant appealed his conviction (# 53), but on September 14, 2004, the 10th Circuit Court of Appeals affirmed (# 70) it. The Defendant then filed a motion to vacate (# 71) his sentence pursuant to 28 U.S.C. § 2255. On April 25, 2005, this Court denied (# 83) that motion. The Defendant appealed that denial (# 84), but on May 10, 2006, the 10th Circuit affirmed (# 93). The Defendant then filed the instant Motions to Vacate Sentence. Pursuant to 28 U.S.C. § 2255, " second or successive motion must be certified . . . by a panel of the appropriate court a of appeals to contain"either newly discovered evidence or a new rule of constitutional law.

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Case 1:03-cr-00210-MSK

Document 98

Filed 08/25/2006

Page 2 of 2

Because these successive § 2255 petitions by the Defendant do not contain the required certification, the Motions to Vacate Sentence (# 94, 95) are DENIED. The Court has sua sponte considered the factors relevant to the question of whether to grant a Certificate of Appealability under 28 U.S.C. § 2253(c), Slack v. McDaniel, 529 U.S. 473, 483-84 (2000), and concludes that a Certificate of Appealability is not appropriate and is therefore DENIED. Dated this 25th day of August, 2006 BY THE COURT:

Marcia S. Krieger United States District Judge

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