U.S. v. ALBA

Crim. No. HCR 87-127-1.

841 F.Supp. 868 (1994)

UNITED STATES of America v. Juan ALBA.

United States District Court, N.D. Indiana, Hammond Division.

January 21, 1994.


Attorney(s) appearing for the Case

Scott King, Gary, IN, for petitioner.

Kevin Milner, Asst. U.S. Atty., Dyer, IN, for U.S.


ORDER

MOODY, District Judge.

Defendant Alba, seeking to appeal this court's denial of his motion pursuant to 28 U.S.C. § 2255, has asked this court to issue a certificate of probable cause. Is issuance of a certificate of probable cause a necessary prerequisite to the appeal?

As relevant to this question, 28 U.S.C. § 2255 states: "[a]n appeal may be taken to the court of appeals from the order entered on the motion as from a final...

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