DUBÓN-OTERO v. U.S.

Full title: LUIS DUBÓN-OTERO, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, D. Puerto Rico

Date published: Nov 16, 2005

Civil No. 05-1549 (JAF), (Crim. No. 97-091) (D.P.R. Nov. 16, 2005)

Opinion

Civil No. 05-1549 (JAF), (Crim. No. 97-091).

November 16, 2005

ORDER

JOSE FUSTE, District Judge

Petitioner, Luis Dubón-Otero, requests a certificate of appealability from this court to appeal our denial on August 25, 2005, of his 28 U.S.C. § 2255 petition. Docket Document No. 13; see 28 U.S.C. § 2253(c)(2) (1994 Supp. 2005). A certificate of appealability may be granted only upon a substantial showing of the denial of a constitutional right. 28 U.S.C. §§ 2253(c)(2) and (3).

Upon reviewing the record, we find Petitioner's claim entirely insubstantial. As we stated in our August 25, 2005 order, we never intimated a willingness to depart from the guidelines before or after Booker v. United States, 125 S. Ct. 738 (2005), was decided. Docket Document No. 13. As our interest in adhering to the sentencing guidelines in this case is unaffected by whether or not they are mandatory, Booker offers Petitioner no relief. Accordingly, we DENY Petitioner's request for a certificate of appealability.

IT IS SO ORDERED.