Case Citator › United States v. Angel Cepero A/K/A Angel Villar-Cepero A/K/A Mosquito Angel Cepero

United States v. Angel Cepero A/K/A Angel Villar-Cepero A/K/A Mosquito Angel Cepero

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Third Circuit
Citation
224 F.3d 256
Decided
Confirmed treatments
1
Flagged citations read
134 of 134
Citing cases (total)
286
Treatment dates
2012
Abrogated
A reviewed court treats this case as abrogated by later authority. United States v. Angel Cepero is abrogated in part: all 134 flagged citations have been read, with the 1 confirmed treatment listed below. Gonzalez v. Thaler abrogated Cepero's holding that a certificate of appealability's failure to identify a constitutional issue is a jurisdictional defect.
More on how this was screened

The reviewed opinions otherwise copied that history while continuing to rely positively on Cepero's separate rule that a federal prisoner appealing the denial of a § 2241 petition does not need a certificate of appealability. Seven opinions whose text was retrieved later likewise supplied only Gonzalez history or positive application. One opinion flagged twice was read and counted separately each time. No new adverse treatment survived review.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

286 later cases cite United States v. Angel Cepero A/K/A Angel Villar-Cepero A/K/A Mosquito Angel Cepero; 134 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on United States v. Angel Cepero A/K/A Angel Villar-Cepero A/K/A Mosquito Angel Cepero?

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Treatments

Abrogated

  • The Supreme Court abrogated Cepero's holding that a defect in a certificate of appealability is a jurisdictional bar.

    Gonzalez v. Thaler · Supreme Court of the United States · filed

    We hold that § 2253(c)(3) is not a jurisdictional requirement. Accordingly, a judge’s failure to “indicate” the requisite constitutional issue in a COA does not deprive a court of appeals of subject-matter jurisdiction to adjudicate the habeas petitioner’s appeal. ... The Circuits have divided over whether a defect in a COA is a jurisdictional bar. Compare, e. g., Phelps v. Alameda, 366 F. 3d 722, 726 (CA9 2004) (no); Porterfield v. Bell, 258 F. 3d 484, 485 (CA6 2001) (no); Young v. United States, 124 F. 3d 794, 798-799 (CA7 1997) (no), with United States v. Cepero, 224 F. 3d 256, 259-262 (CA3 2000) (en banc) (yes).
    Read the full opinion on CourtListener →

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