United States v. Delario

EMILIO M. GARZA, Circuit Judge:

John Charles DeLario, proceeding pro se, appeals the district court’s denial of his 28 U.S.C. § 2255 petition and requests that we grant a certificate of appealability (“COA”) authorizing the appeal under 28 U.S.C. § 2253. Because we find that DeLario has failed to make a substantial showing of the denial of a constitutional right, we deny his request and dismiss the appeal.

I

A jury convicted DeLario of distribution of Lysergic Acid Diethylamide (“LSD”) and possession of LSD with intent to distribute (counts one and two), in violation of 21 U.S.C. § 841(a)(1),…