Legal Opinion
Domingo Marmolejo v. United States
Court of Appeals for the Second Circuit
Decided September 10, 1999No. 98-2545PublishedCited by 31 opinions
1Per curiam
Plaintiff-appellant Domingo Marmolejo moves for a certificate of appealability allowing him to challenge an order of the United States District Court for the Western District of New York (Arcara, J.) denying his motion to vacate his sentence and conviction. The motion for a certifí-cate of appealability in that action was filed with a notice of appeal in a separate forfeiture case. We hold that the motion for a certificate of appealability should’ be construed as a notice of appeal from the order denying the motion to vacate the sentence and conviction.
BACKGROUND
In April 1997, Marmolejo filed…
2Cases cited5 opinions
- Jeffrey Grune v. Thomas A. CoughlinCourt of Appeals for the Second Circuit · 1990
- Cary R. Ortberg v. Russel Moody, SuperintendentCourt of Appeals for the Ninth Circuit · 1992
- Marcus Hooper v. United StatesCourt of Appeals for the Second Circuit · 1997
- Ray Knox v. The State of WyomingCourt of Appeals for the Tenth Circuit · 1992
- Marc Anthony Bell v. Larry Mizell and Roland W. BurrisCourt of Appeals for the Seventh Circuit · 1991
3Cited by31 opinions
- People v. BergerudSupreme Court of Colorado · 2010
- Marvin v. GoordCourt of Appeals for the Second Circuit · 2001
- Mathilde Muniz v. United StatesCourt of Appeals for the Second Circuit · 2001
- Quezada v. SmithCourt of Appeals for the Second Circuit · 2010
- Rona Hertzner v. William J. Henderson, as Postmaster General for the United States Postal ServiceCourt of Appeals for the Second Circuit · 2002
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