United States of America, Plaintiff-appellee, v. Charles Marquette Jackson, Defendant-appellant, 132 F.3d 43 (10th Cir. 1997)

ORDER AND JUDGMENT^* 

EBEL, C.J.

On May 27, 1996, defendant-appellant Charles Marquette Jackson ("Jackson") pled guilty to one count of conspiracy to possess with intent to distribute cocaine. The district court sentenced Jackson to 120 months imprisonment on October 23, 1996. Jackson did not file a direct appeal challenging his conviction and sentence.

Jackson filed a pro se motion under 28 U.S.C. § 2255 on June 4, 1997, to vacate, set aside, or correct the sentence imposed upon him based on ineffective assistance of counsel at sentencing. Jackson argues that his counsel should have sought a downward departure for minor participation pursuant to U.S.S.G. § 3B1.2 despite Jackson's role as a major courier for drugs and money in the cocaine distribution conspiracy. Jackson also contends that his counsel should have sought a downward departure under 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2 despite Jackson's criminal history category of III. Finally, Jackson complains that his counsel should have sought a reduction in his sentence due to sentencing disparity between Jackson and his codefendants despite Jackson's inability to show that any disparity actually exists.

Because Jackson filed his § 2255 motion on June 4, 1997, which was after the effective date of the Antiterrorism and Effective Death Penalty Act ("AEDPA"), 28 U.S.C.A. §§ 2254-66 (1996), the AEDPA provision requiring a certificate of appealability applies to Jackson's appeal. The district court denied a certificate of appealability in a July 10, 1997 order. Jackson now appeals the denial of the certificate of appealability. Finding no substantial showing of the denial of an important federal right or any other reason justifying further proceedings, we hereby deny a certificate of appealability.

The mandate shall issue forthwith.