Free Motion for Certificate of Appealability - District Court of Connecticut - Connecticut

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N , Case 3:00-cr-00115-JCH Document 115 Filed 02/22/2006 Page 1 of 3
! UNITED STATES DISTRICT COURT l
I DISTRICT OF CONNECTICUT .,,'i’ I E? *‘
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I VINCENT wrilrlztisv ; CRIMINAL Ivo. Zlllli FEB 22 ID 2= 50 I
Petitioner : 3:00-cr—1 15 (JCI-I) I
; DISTRICT count I
v_ , II-:lfIGEi°UR“Il IDIDIIII
UNITED STATES OF AMERICA FEBRUARY 21, 2006 I
Respondent : I

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DEFENDANT’S MOTION FOR ISSUANCE I
OF CERTIFICATE OF APPEALABILITY I
VINCENT WHITELEY, Petitioner in the above-captioned matter, respectfully
moves this Court for issuance of a Certificate of Appealability pursuant to Title 28
U.S.C. §2253 (c)(1) authorizing an appeal from the judgment of this Court dated
February 10, 2006 denying his motion to vacate sentence pursuant to 28 U.S.C. §2255.
In support thereof, defendant represents as follows:
_ 1. On June 8, 2001, the Court sentenced Petitioner to a term of imprisonment of
96 months following his guilty plea to violation of 18 U.S.C. §1029(a)(2) and
18 U.S.C. §2. The sentence was affirmed on appeal. _
2. Thereafter, in or about January 2003, Whiteley challenged the _
constitutionality of his sentence on grounds that his trizal attorney had failed to I
render effective assistance of counsel in certain respects. I
3. A hearing was held on January 31, 2006, after which the Court rendered its
decision denying relief. ‘
4. Petitioner filed a timely Notice of Appeal on February 17"‘ and now seeks a
Certificate of Appealability as required by §2253. I-Ie believes that the record z
of the hearing, taken as a whole, makes "a substantialshowing of the deniai
- of a constitutional right" within the meaning of 28 U.S.C. 2253 (c) (2), I
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particularly as it relates to the Court’s conclusion that state court sentences
imposed on the same day were not "reIated" within the holding of the i
Supreme Court in Buford v. United States, 532 U.S. 59 (2001) and ‘ i
Application Note 3 to §4 A1.2 of the Sentencing Guidelines. _ i
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WHEREFORE, Petitioner prays that his Motion for a Certificate of Appealability I
be granted in all respects. i
Dated: February 21, 2006
Stamford, CT
‘ . THE PETITIONER,
VINCENT VVl—llTELEY
[@1;.. A TQM]
2 Bw Y_.._..;¢*.;.__.--at l
Peter L. Truebner l
· 100 Prospect South (S. Tower) -
Stamford, CT 06901
(203) 323—4540
` ‘ Attorney for Petitioner
ORDER I
The foregoing motion having been considered by the Court, it is hereby
ORDERED Granted/Denied.
U.S.D.J.
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I · I Case 3:00-cr-00115-JCH Document 115 Filed 02/22/2006 Page 3 of 3
I CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Motion was mailed, postage prepaid, I
to James J. Finnerty, Esq., Assistant United States Attorney, United States Courthouse, '
915 Lafayette Blvd., Bridgeport, Connecticut 06604 on the 215* day of February 2006. |
Peter L. Truebner
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