Citation Codes Equivalent Citations citation codes Docket Number Criminal Action No. 98-165-C-2. Judges Ralph E. Tyson Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Appeal See more information ... Smart Summary Please sign up to generate summary. UNITED STATES OF AMERICA v. BOBBY JOHNSON. CERTIFICATE OF APPEALABILITY RALPH TYSON, District Judge A Notice of Appeal having been filed in the above captioned case in which detention complained of arises out of process issued by a State court, or the final order in a proceeding under § 2255, the court having considered the record in the case and the requirements of 28 U.S.C. § 2253 and Rule 22(b), Federal Rules of Appellate Procedure, hereby finds that: X a substantial showing of the denial of a constitutional right on the issues stated below has been made, petitioner's motion for certificate of appealability is GRANTED. ISSUES: 1. Whether the petitioner should be permitted to raise a constitutional claim pursuant to Blakely v. Washington, 124 S.Ct. 2531 (2004).