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U.S. v. MAGALLANES

No. 02-2054.

301 F.3d 1267 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus MAGALLANES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 3, 2002.

Attorney(s) appearing for the Case

John V. Butcher, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

David C. Iglesias, United States Attorney, and David N. Williams, Assistant United States Attorney and Chief, Appellate Division, Albuquerque, NM, for Plaintiff-Appellee.

Before KELLY, McKAY, and MURPHY, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant Jesus Magallanes, a federal inmate, seeks a certificate of appealability ("COA") allowing him to appeal from the district court's order denying relief on his motion pursuant to 28 U.S.C. § 2255. Because Mr. Magallanes has failed to make a "substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 483-84,...

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