Thursday, January 14, 2016

Error in Statutory Interpretation Does Not Justify Issuing a Certificate of Appealability

U.S. v. Mulay, 2015 WL 7173197 (11/16/15) (Kan.) (published) - the district court issued a certificate of appealability that did not specify a constitutional issue with respect to a ยง 2255 challenging use of a state criminal threat conviction as a predicate for a career offender sentence on the ground the offense was not punishable by more than a year of imprisonment. Consequently, the Tenth partially remands for the district court to reconsider. A statutory interpretation error is insufficient to justify issuance of a certificate of appealability.


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