U.S. v. Jakubec, 10cr4828-LAB. (2018)
Court: District Court, N.D. California
Number: infdco20180725940
Visitors: 14
Filed: Jul. 24, 2018
Latest Update: Jul. 24, 2018
Summary: ORDER DENYING CERTIFICATE OF APPEALABILITY LARRY ALAN BURNS , District Judge . Three months ago, the Court denied George Jakubec's motion to vacate his 30-year sentence for armed bank robbery under 18 U.S.C. 924(c). Jackubec can appeal that order only if he's "made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253; United States v. Asrar, 116 F.3d 1268 , 1270 (9th Cir. 1997). He hasn't made such a showing for the reasons discussed in the Court's previous
Summary: ORDER DENYING CERTIFICATE OF APPEALABILITY LARRY ALAN BURNS , District Judge . Three months ago, the Court denied George Jakubec's motion to vacate his 30-year sentence for armed bank robbery under 18 U.S.C. 924(c). Jackubec can appeal that order only if he's "made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253; United States v. Asrar, 116 F.3d 1268 , 1270 (9th Cir. 1997). He hasn't made such a showing for the reasons discussed in the Court's previous o..
More
ORDER DENYING CERTIFICATE OF APPEALABILITY
LARRY ALAN BURNS, District Judge.
Three months ago, the Court denied George Jakubec's motion to vacate his 30-year sentence for armed bank robbery under 18 U.S.C. § 924(c). Jackubec can appeal that order only if he's "made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253; United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). He hasn't made such a showing for the reasons discussed in the Court's previous order. In short, Jackubec argued § 924(c)'s residual clause defined "crime of violence" in unconstitutionally vague terms. But under § 924(c)'s force clause, armed bank robbery is categorically a crime of violence. United States v. Watson, 881 F.3d 782, 786 (9th Cir. 2018). Since Jackubec was convicted and sentenced under the force clause, he hasn't made a substantial showing of the denial of a constitutional right. A certificate of appealability is DENIED.
IT IS SO ORDERED.
Source: Leagle