Arnold F. Hohn v. United States

Arnold F. Hohn appeals from the district court’s dismissal with prejudice of his 28 U.S.C. § 2255 motion claiming the benefit of Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). Section 102 of the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214, amended 28 U.S.C. § 2253(c) to require a “substantial showing of the denial of a constitutional right” before a certificate of appealability may issue. The court denies Hohn a certificate. I must respectfully dissent.

Background

After a confidential informer told police Hohn was a…