Preston v. Gibson

LUCERO, Circuit Judge.

Appellant Gary Ray Preston, an Oklahoma state prisoner appearing pro se, seeks a certificate of appealability (“COA”) after the district court dismissed his 28 U.S.C. § 2254 habeas petition as untimely. See 28 U.S.C. § 2253(c). Preston’s petition asserts that his conviction of second-degree murder violated the Double Jeopardy Clause of the United States Constitution and that his counsel was ineffective in failing to so inform him before he pleaded guilty. 1

In 1992, while serving unrelated sentences in an Oklahoma state prison, Preston and three co-defendants murdered…