Frederic W. Berthoff v. United States

STAHL, Senior Circuit Judge.

Petitioner-appellant Frederic W. Ber-thoff appeals from the district court’s order denying his petition for habeas relief pursuant to 28 U.S.C. § 2255. Berthoff was convicted of drug conspiracy and related charges following a jury trial. His sentence was seven times greater than that of the next most culpable co-conspirator, who cooperated with the government and pled guilty. The district court granted. a certificate of appealability (COA) sua sponte, asking this Court to consider whether the disparity in sentencing violated Berthoffs right to a jury trial. Later,…