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United States v. Saenz

February 28, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ABEL SAENZ, DEFENDANT/MOVANT.



The opinion of the court was delivered by: Matsch, Senior Judge

ORDER DENYING CERTIFICATE OF APPEALABILITY

Movant has filed a notice of appeal from this court's final order denying his motion pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. The court has reviewed the file and finds that a certificate of appealability pursuant to 28 U.S.C. § 2253(c) should not be issued because movant has not made a substantial showing of the denial of a constitutional right. Accordingly, it is

ORDERED that a certificate of appealability will not be issued. DATED at Denver, Colorado this 28th day of February, 2006.

Richard P. Matsch SENIOR JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

20060228

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