United States v. Tucker

ORDER DENYING CERTIFICATE OF APPEALABILITY *

MARY BECK BRISCOE, Circuit Judge.

Ernest Brian Tucker, 1 pro se, seeks to appeal the district court’s denial of a post-conviction motion to dismiss his indictment, which the district court construed as a motion vacate, set aside, or correct his sentence under 28 U.S.C. § 2255.

On March 5, 2013, Tucker was convicted in federal court pursuant to a plea agreement and sentenced to 97 months’ imprisonment. He did not directly appeal his conviction or sentence. 2 In September 2015, Tucker filed a document entitled “Motion to Dismiss Indictment and Judgment…