United States of America, Plaintiff--appellee, v. Kerry Chaplin, Defendant--appellant, 145 F.3d 1346 (10th Cir. 1998)

Mr. Chaplin, an inmate appearing pro se and in forma pauperis, seeks to appeal from the district court's denial of his 28 U.S.C. § 2255 motion to vacate, set aside or correct his sentence. He seeks a certificate of appealability. 28 U.S.C. § 2253(c) (1) (B). On appeal, he raises jurisdictional arguments, claims rejected on direct appeal, see United States v. Edwards, 69 F.3d 419 (10th Cir. 1995), cert. denied, 116 S. Ct. 2497 (1996), and a claim of ineffective assistance of counsel. The jurisdictional arguments are meritless, see, e.g., United States v. Wacker, 72 F.3d 1453, 1475 (10th Cir. 1995), --- U.S. ----, 117 S. Ct. 136, 136 L. Ed. 2d 84 (1996), the claims raised on direct appeal may not be raised in a collateral attack pursuant to a § 2255 motion absent an intervening change in the law, United States v. Warner, 23 F.3d 287, 291 (10th Cir. 1994), cert. denied, 516 U.S. 1152, 116 S. Ct. 1030, 134 L. Ed. 2d 108 (1996), and the ineffective assistance claim based upon claims rejected on direct appeal necessarily fails due to lack of prejudice. Because Mr. Chaplin has not made a substantial showing of the denial of a federal constitutional right, we DENY his motion for a certificate of appealability and DISMISS the appeal.