What is the test for an appeal from a district court's denial of a motion by a defendant seeking to obtain a certificate of appeal?

MultiRegion, United States of America

The following excerpt is from Stewart v. United States, Case No.: 12-cr-00461-H-1, Case No.: 12-cr-01688-H-1, Case No.: 17-cv-00822-H (S.D. Cal. 2017):

An appeal cannot be taken from the district court's denial of a 2255 motion unless a certificate of appealability is issued. See 28 U.S.C. 2253(c)(1); Muth v. Fondren, 676 F.3d 815, 818 (9th Cir. 2012). A certificate of appealability may issue only if the defendant "has made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2). When a district court has denied the claims in a 2255 motion on the merits,

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a defendant satisfies the above requirement by demonstrating "that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000).

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