United States v. Diaz

ORDER DENYING CERTIFICATE OF APPEALABILITY & DISMISSING APPEAL

TERRENCE L. O’BRIEN, Circuit Judge.

Jose Francisco Diaz, a federal prisoner appearing pro se, 1 seeks a certificate of appealability (COA) to appeal from the district court’s denial of his motion to vacate, set aside or correct sentence filed pursuant to 28 U.S.C. § 2255. Because he has not “made a substantial showing of the denial of a constitutional right,” 28 U.S.C. § 2253(c)(2), we deny a COA.

I. BACKGROUND

Diaz was convicted by a jury of conspiracy to possess with intent to distribute 1.000 kilograms and more of marijuana within…