United States v. Sanchez
Justia.com Opinion Summary: Pro se prisoner Petitioner Cayetano Sanchez sought a certificate of appealability (COA) to challenge a district court's denial of his motion for post-conviction relief. Petitioner pled guilty to four counts involving possession with the intent to distribute methamphetamine and a mixture of cocaine, possession of firearms in furtherance of drug trafficking crimes, and re-entry of a deported alien. He
was sentenced in 2006. As part of his guilty plea, Petitioner waived his right to appeal or collaterally attack his sentence. The district court determined that several claims fell within the scope of the waiver and were validly waived, but did consider other claims (which might undercut the waiver) involving ineffective assistance of counsel. On appeal, Petitioner argued that the district court erred by: (1) failing to rule on his motion to compel production of his case file; (2) failing to address an argument relating to sentencing; and (3) failing to cite to record evidence in discussing Petitioner's plea. Finding that Petitioner did not make a "substantial showing of the denial of a constitutional rights," the Tenth Circuit denied his request for a COA and dismissed his appeal.
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was sentenced in 2006. As part of his guilty plea, Petitioner waived his right to appeal or collaterally attack his sentence. The district court determined that several claims fell within the scope of the waiver and were validly waived, but did consider other claims (which might undercut the waiver) involving ineffective assistance of counsel. On appeal, Petitioner argued that the district court erred by: (1) failing to rule on his motion to compel production of his case file; (2) failing to address an argument relating to sentencing; and (3) failing to cite to record evidence in discussing Petitioner's plea. Finding that Petitioner did not make a "substantial showing of the denial of a constitutional rights," the Tenth Circuit denied his request for a COA and dismissed his appeal.
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