Scott A. Fountain v. United States

COFFEY, Circuit Judge.

Nine years after his direct appeals to this Court, on April 1, 1997, Petitioner Scott A. Fountain (“Fountain”) moved to vacate his sentence under 28 U.S.C. § 2255. After the district court denied his § 2255 motion on June 2, 1997, Fountain moved to alter or amend the judgment, which the district court also denied. On August 7, 1997, Fountain appealed the court’s June 2, 1997 decision and subsequently filed a request for a certificate of appealability with the court. Although the trial judge denied Fountain’s request, we granted the petitioner a certificate of…