DeCato v. United States

[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit No. 00-2118 RICHARD J. DECATO, JR., Petitioner, Appellant, v. UNITED STATES, Respondent, Appellee. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. William G. Young, U.S. District Judge] Before Lynch, Circuit Judge, Cyr, Senior Circuit Judge, and Lipez, Circuit Judge. Richard DeCato on memorandum pro se. November 27, 2002 Per Curiam. Petitioner Richard J. DeCato Jr. has applied for a certificate of appealability (COA) in order to appeal from the dismissal of his habeas petition under 28 U.S.C. § 2255. To qualify for a COA, he must make "a substantial showing of the denial of a constitutional right." Id. § 2253(c)(2). This standard requires a demonstration that "reasonable jurists could debate whether ... the petition should have been resolved in a different manner or that the issues presented were