Lopez v. U.S.

Full title: Carlos Lopez, Petitioner, v. United States of America, Government

Court: United States District Court, D. New Hampshire

Date published: Mar 15, 2006

Civil No. 06-cv-004-SM (D.N.H. Mar. 15, 2006)

Opinion

Civil No. 06-cv-004-SM.

March 15, 2006

ORDER

STEVEN McAULIFFE, District Judge

Petitioner's request for a certificate of appealability, see 28 U.S.C. § 2253(c)(1), is denied, as he has failed to make a substantial showing of the denial of a constitutional right.

To the extent petitioner asserts that a Booker ¹ claim warrants allowing an appeal, the circuit has made it clear that "a mandatory minimum sentence imposed as required by statute based on facts found by a jury . . . is not a candidate forBooker error." United States v. Antonakopoulos, 399 F.3d 68, 75 (1st Cir. 2005).

1 United States v. Booker, 543 U.S. 220 (2005).

SO ORDERED.