United States v. Brown

LOKEN, Chief Judge.

When Brian Brown’s conviction and concurrent life sentences for kidnaping and aggravated sexual abuse of a ten year-old child were affirmed on appeal, United States v. Brown, 380 F.3d 1073 (8th Cir.), cert. denied, 540 U.S. 975, 124 S.Ct. 453, 157 L.Ed.2d 327 (2003), Brown filed a motion for post-conviction relief under 28 U.S.C. § 2255. After an evidentiary hearing, the district court 1 denied the motion, concluding that Brown’s ten claims were procedurally barred and substantively without merit. Brown appealed, and the district court granted a certificate of appealability…