Claim of statutory violation of speedy trial right is insufficient to qualify for certificate of appealability in 28 U.S.C. § 2255 habeas action

COLLATERAL REVIEW United States v. Taylor, No. 05-3417, ___ F.3d ___ (10th Cir. Jul. 5, 2006)(Kansas). Appeal of conviction for bank robbery in violation of 18 U.S.C. § 2113(a). HELD: Certificate of appealability for habeas claim brought under 28 U.S.C. § 2255 is not available for Speedy Trial Act violation where claim alleges only statutory violation. Under Antiterrorism and Effective Death Penalty Act (AEDPA), certificate of appealablity may issue only when applicant “has made a substantial showing of the denial of a constitutional right.” Thus, no matter how clearly § 2255 movant may show that district court erred in denying statutory claim in his habeas petition, he is not entitled to certificate of appealability to have claim heard on appeal. Read the opinion here.