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United States v. Chavez-Sebastian

March 29, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
FRANCISCO CHAVEZ-SEBASTIAN, DEFENDANT.



The opinion of the court was delivered by: Paul L. Maloney Chief United States District Judge

HONORABLE PAUL L. MALONEY

ORDER DISMISSING DEFENDANT'S MOTION FOR CERTIFICATE OF APPEALABILITY

Defendant Chavez-Sebastian filed a motion to vacate, set aside, or correct a sentence under 28 U.S.C. § 2255. This court denied the motion on September 9, 2009. (Dkt. No. 195.) In that order, the court denied Defendant a certificate of appealability. On September 25, 2009, Defendant filed a motion for a certificate of appealability. (Dkt. No. 196.) Defendant argues the court erred when it imposed a consecutive, rather than a concurrent sentence. Defendant asserts reasonable jurists could disagree with the court's decision.

This court already reviewed the motion for the purpose of a certificate of appealability on this issue and declined to issue a certificate. Therefore, Defendant's motion for a certificate of appealability (Dkt. No. 196) is DISMISSED AS MOOT.

IT IS SO ORDERED.

20100329

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