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eBook details

• Title: Ramunno v. United States
• Author : Seventh Circuit U.S. Court of Appeals
• Release Date : January 04, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

The district court dismissed as untimely John Ramunnos collateral attack under 28 U.S.C. sec.2255. To obtain this courts review, Ramunno needs a certificate of appealability, 28 U.S.C. sec.2253(c)(1)(B), which paragraph (2) says "may issue. .. only if the applicant has made a substantial showing of the denial of a constitutional right." Paragraph (3) of sec.2253(c) adds that a "certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2)." The district court issued a certificate of appealability specifying one issue: "the date upon which [Ramunnos] conviction became final for purposes of the one-year statute of limitations." This may be a disputed issue of fact or an issue of statutory interpretation, but it does not concern "the denial of a constitutional right." Disputes about a petitions timeliness do not support an appeal unless a substantial constitutional issue lurks in the background, and the statutory question is independently substantial. See Slack v. McDaniel, 529 U.S. 473, 483-85 (2000); Garrott v. United States, 238 F.3d 903 (7th Cir. 2001); Owens v. Boyd, 235 F.3d 356 (7th Cir. 2000); United States v. Marcello, 212 F.3d 1005 (7th Cir. 2000).

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