United States v. Goodwin, No. 11-3302 (10th Cir. 2012)
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Pro se prisoner Defendant-Appellant Joal Goodwin sought a certificate of appealability (COA) to challenge the district court's denial of his motion to vacate, set aside or correct his sentence. In 2010, Defendant was indicted on a single count of bank robbery. He entered into an agreement to plead guilty to the count charged in the indictment. Defendant's presentence investigation report (PSR) concluded that he was a career offender, and as such, the guideline range for imprisonment was 151 to 188 months. At that time, Defendant did not object to the PSR. Defendant filed a sentencing memorandum requesting that the district court either depart downward or vary from the applicable guideline sentencing range. The court sentenced Defendant to 155 months' imprisonment. He then appealed pro se by filing his motion to vacate, set aside or correct his sentence by arguing he received ineffective assistance of counsel. Finding that Defendant failed to satisfy the standards for the issuance of a COA, the Tenth Circuit denied Defendant's request and dismissed his appeal.
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