United States v. Mitchell, Dennis L.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Appellant Dennis L. Mitchell appeals from an order of the district court denying his motion for post-conviction relief under 28 U.S.C. § 2255. After deciding some previously unsettled procedural issues concerning certificates of appealability (“COA”) necessary to appeal the denial of § 2255 motions, we grant a COA as to appellant’s claim for per se ineffective assistance of counsel. We deny his claim on the merits and affirm the order of the district court.

I. Background

In 1993, Mitchell and a co-defendant were…