United States v. Gutierrez

ORDER DENYING CERTIFICATE OF APPEALABILITY *

Robert Sedillo Gutierrez, a federal prisoner proceeding pro se, seeks a certificate of appealability (COA) to appeal the district court’s decision to construe his Fed. R.Civ.P. 60(b) motion as an unauthorized second or successive 28 U.S.C. § 2255 ha-beas petition and dismiss it for lack of jurisdiction. We deny a COA and dismiss the matter.

Mr. Gutierrez was convicted of possession with intent to distribute methamphetamine in 2006 after a mistrial in 2005. Following an unsuccessful appeal, Mr. Gutierrez filed a § 2255 motion to vacate his conviction…