United States v. Burk

ORDER DENYING CERTIFICATE OF APPEALABILITY *

DAVID M. EBEL, Circuit Judge.

Defendant-Appellant Richard Burk seeks a certificate of appealability (“COA”), see 28 U.S.C. § 2253(c), in order to appeal the denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. Burk pled guilty to one count of bank robbery, in violation of 18 U.S.C. § 2113(a), and was sentenced to 189 months in prison. That sentence fell within Burk’s advisory guideline range of 168 to 210 months in prison. At sentencing, Burk unsuccessfully moved for a below-guideline sentence. In his § 2255 motion,…