Legal Opinion

United States v. Harper

Court of Appeals for the Tenth Circuit

Decided October 31, 2008No. 08-3215PublishedCited by 70 opinions

1Opinion of the Court

ORDER

GORSUCH, Circuit Judge.

Donald Alton Harper, a federal prisoner, seeks to appeal the district court’s dismissal of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. We hold that a certificate of ap-pealability (“COA”) is a prerequisite to pursuing such an appeal. Finding that Mr. Harper has not made the showing required for the issuance of a COA, we affirm the dismissal of his § 2255 motion.

On January 13, 1994, a jury found Mr. Harper guilty of armed bank robbery and using or carrying a firearm during the robbery. Two months later, Mr. Harper was…

2Cases cited12 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Catlin v. United StatesSupreme Court of the United States · 1945
  3. In Re ClineCourt of Appeals for the Tenth Circuit · 2008
  4. Pratt v. United StatesCourt of Appeals for the First Circuit · 1997
  5. Benjamin Henderson Jones v. Daniel A. Braxton, Warden Ronald J. AngeloneCourt of Appeals for the Fourth Circuit · 2004

7 more not listed; retrieve them via the Exa API.

3Cited by70 opinions

  1. United States v. SpringerCourt of Appeals for the Tenth Circuit · 2017
  2. United States v. WesleyCourt of Appeals for the Tenth Circuit · 2023
  3. United States v. McCalisterCourt of Appeals for the Tenth Circuit · 2013
  4. Large v. State of OklahomaCourt of Appeals for the Tenth Circuit · 2014
  5. United States v. KearnCourt of Appeals for the Tenth Circuit · 2022

65 more not listed; retrieve them via the Exa API.

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