United States v. Cody, No. 19-11915 (11th Cir. 2021)
Annotate this CaseThe Eleventh Circuit held that a certificate of appealability is required when a federal prisoner obtains relief through a postconviction motion, 28 U.S.C. 2255, and appeals the decision to correct only the illegal sentence instead of performing a full resentencing. In this case, because defendant does not have a certificate of appealability, the court lacked jurisdiction to consider his argument that the district court erred by correcting his sentence instead of performing a full resentencing. Accordingly, the court granted the government's motion to dismiss the appeal for lack of jursidiction.
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