Coleman v. United States, No. 13-1215 (8th Cir. 2014)
Annotate this CasePetitioner appealed the district court's denial of his petition to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. The court concluded that it need not discuss whether trial counsel's conduct was deficient because the court found overwhelming evidence of petitioner's guilt on Count 5, which is the count on which trial counsel conceded petitioner's guilt. The court declined to address petitioner's claim that counsel was ineffective for conceding that he possessed the firearm to raise the claim that counsel was ineffective for not objecting to the jury instruction on Count 4 because petitioner was not granted a certificate of appealability on that claim. Accordingly, the court affirmed the judgment of the district court.
Court Description: Prisoner case - Habeas. For the court's opinion in Coleman's direct criminal appeal, see United States v. Coleman, 603 F.3d 496 (8th Cir. 2010). In light of the overwhelming evidence of Coleman's guilt on the charge of being a felon in possession of firearms and ammunition, the court would not address his claim that his trial counsel was ineffective for conceding his guilt on the count; the court would not consider an instruction issue as the district court had not granted a certificate of appealability on the claim.
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