Legal Opinion

United States v. McCalister

Court of Appeals for the Tenth Circuit

Decided March 16, 2016No. 15-5110Unpublished

1Opinion of the Court

ORDER DENYING CERTIFICATE OF APPEALABILITY *

Michael McCalister, a federal prisoner proceeding pro se, seeks a certificate of appealability (COA) to appeal the district court’s dismissal of his 28 U.S.C. § 2255 motion as being an unauthorized second or successive § 2255 motion. We deny a COA and dismiss this matter.

Background

McCalister was convicted in 1999 of conspiracy to possess with intent to distribute controlled substances in violation of 21 U.S.C. § 846. He since has filed several challenges to his conviction, including a § 2255 motion and other motions. Most recently, in June 2012 he…

2Cases cited8 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Liteky v. United StatesSupreme Court of the United States · 1994
  3. United States v. ArmstrongSupreme Court of the United States · 1996
  4. Panetti v. QuartermanSupreme Court of the United States · 2007
  5. United States v. Robert E. Cooley Ronald L. Taylor Gary P. Leber Merri W. Turner, Also Known as Merrie Foutz and Charles W. MatsonCourt of Appeals for the Tenth Circuit · 1993

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