United States v. Metcalf, No. 10-3319 (10th Cir. 2011)
Annotate this CaseIn 2007, Petitioner Sandtas Metcalf pled guilty to drug possession charges. The written plea agreement contained a waiver of Petitioner's right to collaterally challenge his prosecution conviction or sentence. Petitioner was sentenced as a career offender under the federal Sentencing Guidelines based on three prior felony convictions. Petitioner sought a certificate of appealability (COA) from the Tenth Circuit so that he could appeal the district court's dismissal of his motion to vacate, set aside or correct his sentence. The Tenth Circuit's review of the record found that the district court's dismissal was not "deserving of further proceedings." The Court affirmed the lower court's dismissal and denied Petitioner's request for further appeal.
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