United States v. Moreno

ORDER DENYING CERTIFICATE OF APPEALABILITY *

Carolyn B. McHugh, Circuit Judge

Bani Moreno, a federal prisoner proceeding pro se, 1 seeks a certificate of ap-pealability (COA) granting him permission to appeal from the denial of his motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence. Exercising, jurisdiction under 28 U.S.C. § 1291, we deny his request for a COA.

I. BACKGROUND

Mr. Moreno was convicted after a jury trial of one count of conspiracy to possess methamphetamine with intent to distribute in violation of 21 U.S.C. § 846 and' 21 U.S.C. § 841(a)(1); two counts of using…