United States v. Calabaza

ORDER

LUCERO, Circuit Judge.

Thomas Edward Calabaza, a federal prisoner proceeding pro se, requests a certificate of appealability (“COA”) to appeal the denial of his 28 U.S.C. § 2255 petition. For substantially the same reasons set forth by the district court, we DENY Calabaza’s request for a COA and DISMISS.

Calabaza challenged his conviction for second degree murder in the court below by bringing a motion under Fed.R.Crim.P. 33. He asserted that new evidence has been uncovered that would produce a different result if a new trial were held. Accordingly, the district court construed this motion…