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Cohn v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 2, 2007

PHILIP H. COHN, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM and ORDER

On October 24, 2006, the undersigned District Judge denied Philip Cohn's motion for relief under 28 U.S.C. § 2255. Denial was warranted, because Cohn had waived his right to direct appeal and collateral attack in the plea agreement he executed (a waiver for which Cohn received other benefits). The undersigned Judge found the waiver knowing and voluntary; so it was enforceable and precluded § 2255 relief.

Judgment was entered accordingly on October 24, 2006. Cohn then filed two other motions (to alter/amend judgment and for additional findings of fact). The undersigned Judge denied those motions on November 13 and November 29, 2006, respectively.

On January 3, 2007, Cohn filed a notice of appeal, challenging the denial of § 2255 relief plus the November 13th and November 29th rulings. Cohn did not file a motion for certificate of appealability with his notice of appeal. Nor has Cohn requested a certificate of appealability from the United States Court of Appeals for the Seventh Circuit. 28 U.S.C. § 2253(c)(1)(B) provides that an appeal from the final order in a § 2255 proceeding may not be taken unless a Circuit or District Court Judge has issued a certificate of appealability.

The Court now CONSTRUES Cohn's notice of appeal to include a request for certificate of appealability. The Court DENIES that request, because -- for the reasons stated in the October 24, 2006 Order -- Cohn has not made "a substantial showing of the denial of a constitutional right." See 28 U.S.C. § 2253(c)(2).

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Court

20070302

© 1992-2007 VersusLaw Inc.



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