Summary
holding that stayed sentence could not constitute multiple punishment under the Double Jeopardy Clause
Summary of this case from Jones v. NeuschmidOpinion
No. C 03-4414 SI (pr).
December 3, 2007
ORDER
Petitioner filed a request for a certificate of appealability, which the court construes to also be a notice of appeal. See 28 U.S.C. § 2253(c)); Fed.R.App.P. 22(b); Tinsley v. Borg, 895 F.2d 520, 523 (9th Cir. 1990). The certificate of appealability is DENIED because petitioner has not made "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). That is, he has not demonstrated that "reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The clerk shall forward to the court of appeals the case file with this order. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997).
IT IS SO ORDERED.