U.S. v. Jakubec, 10cr4828-LAB. (2018)
Court: District Court, N.D. California
Number: infdco20180725940
Visitors: 6
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..
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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
