United States v. Espinoza-Saenz

BALDOCK, Circuit Judge.

Pro se appellant Gilbert Espinoza-Saenz seeks a certificate of appealability to appeal the district court’s denial of his 28 U.S.C. § 2255 motion to vacate his criminal sentence and the court’s denial of his request to amend his motion out of time. In order for this court to grant a certificate of appealability, defendant must make a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). In addressing the requirements of obtaining a certificate of appeala-bility under § 2253(c), the Supreme Court recently stated that a defendant must show…