Estevez v. United States

MEMORANDUM & ORDER

GORTON, District Judge.

Before the Court is the motion of Petitioner Nicholas Estevez (“Estevez”) for a certificate of appealability (“COA”). Estevez seeks to appeal this Court’s Order dismissing his motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255.

I. Background

In 2002, Estevez was convicted of one count of conspiracy to distribute cocaine base and two counts of possession of cocaine base with intent to distribute and distribution of cocaine base. Over Estevez’s objections, this Court sentenced him as a career offender based on a previous escape…