Whether a district court's summary denial of a certificate of appealability without substantive analysis violates a criminal defendant's right to meaningful appellate review

No question identified. : under 18 U.S.C. § 2252A(a)(1), one count of attempted receipt of child pornography under 18 U.S.C. § 2252A(a)(2)(a), and one count of possessing child pornography under 18 U.S.C. § 2252A(a)(5)(b), and sentenced to 200 months of imprisonment. Petitioner initially filed a motion to vacate his conviction and sentence under 28 U.S.C. § 2255 (the “2255 Motion”) on July 24, 2022, raising, among other claims, claims of ineffective assistance of counsel and prosecutorial misconduct. The 2255 Motion, along with discovery requests and a motion to amend, was denied by the District Court on October 16, 2024 in an 89-page order. The District Court denied Petitioner a certificate of appealability (“COA”), and Petitioner thereafter sought a COA from the Second Circuit Court of Appeals on January 13, 2025, which request was denied on April 15, 2025 in a summary order, which offered no analysis. Petitioner then filed a motion for a panel rehearing on June 2, 2025, which was summarily denied on June 18, 2025, also with no analysis. Since the Second Circuit denied Petitioner’s request for a panel rehearing on June 18, 2025, Petitioner’s petition for a writ of certiorari must be filed on or before September 16, 2025. Counsel seeks a 60-day extension of time to file a petition for a writ of certiorari due to our small firm’s scheduling conflicts with other matters, including a civil jury trial beginning on October 20, 2025, a federal sentencing on September 17, 2025, and an appellate brief arising out ofa federal criminal trial due in the Fourth Circuit on October 6, 2025. Counsel further seeks an extension of time, as Petitioner is currently incarcerated at FCI Oakdale I in Oakdale, Louisiana, and it is difficult to schedule legal calls with him to discuss his appellate options. 6. Counsel has conferred with counsel for the United States, who has no objection to this motion and does not intend to file a response. WHEREFORE, Petitioner Benjamin Jakes-Johnson respectfully requests that an order be entered extending his time for filing a petition for a writ of certiorari in this matter up to and including November 17, 2025. This the 4th day of September 2025. Respectfully submitted, By: /s/ Kristen M. Santillo Kristen M. Santillo Gelber & Santillo PLLC 52 Duane Street, 7 Floor New York, NY 10007 Phone: 212-227-4743 Email: Counsel for Petitioner Benjamin Jakes-Johnson List of Exhibits 1. Second Circuit order denying Petitioner’s Motion for a Certificate of Appealability. 0.0.0... ccc cece ec ec ee ee eee e ee ee eens ee ee eens ee ee esse seen en en snes een anes Exhibit A Second Circuit Order denying Petitioner’s Motion for Panel Rehearing. 0. cece eee ec ee ee ec ee ee ee