UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
July 21, 2008
JOHN LORENZ, PETITIONER,
UNITED STATES OF AMERICA, RESPONDENT.
The opinion of the court was delivered by: Seybert, District Judge
MEMORANDUM & ORDER
On April 14, 2008, this Court denied Petitioner John Lorenz's Petition to vacate and correct his custodial sentence pursuant to 28 U.S.C. § 2255 (the "April Order"). Petitioner now requests that this Court issue a certificate of appealability.
In the April Order, this Court noted that Petitioner failed to raise his claims on appeal, and therefore could not substitute a motion to vacate for a direct appeal. The Court further noted that, even if Petitioner had not waived his arguments by failing to appeal, the Court still would have rejected the petition as meritless because Petitioner's sentence was not disproportionate to his crime. As noted in the April Order, Petitioner knowingly participated in a bank fraud that caused more than one victim over 60 million dollars in damages, and Petitioner's crime had a recommended sentence beginning at 57 months, well above the eighteen months of custody that the Court ultimately sentenced.
Because petitioner has not "made a substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), the Court declines to issue a certificate of appealability. See Lucidore v. New York State Div. of Parole, 209 F.3d 107, 112 (2d Cir. 2000).
Joanna Seybert, U.S.D.J.
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