United States v. Barajas-Diaz

KANE, Senior District Judge.

Defendant-appellant Emiliano Barajas-Diaz (“Barajas”) appeals from the district court’s order denying his 28 U.S.C. § 2255 motion to vacate, correct or set aside his sentence. 1 Barajas raises two claims in his appeal, one based on Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and the other on Richardson v. United States, 526 U.S. 813, 119 S.Ct. 1707, 143 L.Ed.2d 985 (1999). We previously granted Barajas a certificate of appealability (“COA”) on his Richardson claim. 2 We now affirm the order of the district court.

Barajas was named…