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U.S. v. Skandier

September 22, 1997

UNITED STATES OF AMERICA

v.

JOHN P. SKANDIER, APPELLANT



On Appeal From the United States District Court For the Western yDistrict of Pennsylvania

(D.C. Crim.No. 93-cr-00045E)

Before: BECKER, ALITO, and McKEE, Circuit Judges. (MOTIONS PANEL A)

BECKER, Circuit Judge.

Filed September 22, 1997

Submitted by the Clerk for a certificate of appealability pursuant to 28 U.S.C. Section(s) 2253 July 24, 1997

(Filed September 22, 1997)

OPINION OF THE COURT

Title 28 U.S.C. Section(s) 2253, which was enacted as Part of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), in relevant part provides:

. . .

(c)(1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from --

. . .

(B) the final order in a proceeding under Section(s) 2255.

(2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right.

Prior to AEDPA, a 28 U.S.C. Section(s) 2255 petitioner could pursue an appeal from denial of a Section(s) 2255 petition without first obtaining a certificate of appealability ("CAPP"). The motion presently before us raises the question whether, in the wake of the Supreme Court's recent decision in Lindh v. Murphy, ___ U.S. ___, 117 S.Ct. 2059 (1997), the CAPP provisions apply to an appeal taken after the effective date of the AEDPA *fn1 from an ...


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