Legal Opinion

United States v. Diesel

Court of Appeals for the Tenth Circuit

Decided August 18, 2009No. 09-3112Published

1Opinion of the Court

ORDER DENYING CERTIFICATE OF APPEALABILITY

PAUL J. KELLY, JR., Circuit Judge.

Defendant-Appellant Michael Diesel, a federal inmate appearing pro se, seeks to appeal from the district court’s denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. 1 R. Doc. 129. Because Mr. Diesel has not made “a substantial showing of the denial of a constitutional right,” 28 U.S.C. § 2253(c)(2), we deny his request for a certificate of appealability (“COA”) and dismiss the appeal. See Slack v. McDaniel, 529 U.S. 473, 483-84, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000).

On August 29,…

2Cases cited10 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Slack v. McDanielSupreme Court of the United States · 2000
  3. Miller-El v. CockrellSupreme Court of the United States · 2003
  4. United States v. Lewis Aaron CookCourt of Appeals for the Tenth Circuit · 1995
  5. Bullock v. CarverCourt of Appeals for the Tenth Circuit · 2002

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