Legal Opinion
Muth v. Fondren
Court of Appeals for the Ninth Circuit
Decided April 3, 2012No. 10-35223PublishedCited by 138 opinions
1Opinion of the Court
ORDER
GRABER, Circuit Judge:
Petitioner Seth Muth appeals an order denying his request for post-conviction relief and declining to grant him a certificate of appealability (“COA”). Because no reasonable jurist would conclude that Petitioner has demonstrated actual innocence, we decline to issue a COA and we affirm the judgment of the district court.
In 2003, Petitioner pleaded guilty to using a firearm in relation to a drug trafficking offense, in violation of 18 U.S.C. § 924(c)(1)(A). The district court for the District of Montana sentenced Petitioner to a five-year term for possession of…
2Cases cited23 opinions
- Bousley v. United StatesSupreme Court of the United States · 1998
- Blackledge v. AllisonSupreme Court of the United States · 1977
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- Smith v. United StatesSupreme Court of the United States · 1993
- Hernandez v. CampbellCourt of Appeals for the Ninth Circuit · 2000
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3Cited by138 opinions
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- Summers v. FeatherDistrict Court, D. Oregon · 2015
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