U.S. v. JOHNSON

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).