United States v. Jones, No. 10-5159 (10th Cir. 2011)
Annotate this CaseDefendant-Appellant Curtis Jones sought a Certificate of Appealability (COA) from the Tenth Circuit to get the district court to reconsider his sentence. The court already dismissed Defendant's motion to vacate, set aside or otherwise correct the sentence he received for drug trafficking and racketeering charges. Defendant agreed to a plea deal at trial that waived his right to a direct appeal. In his request to the Tenth Circuit, Defendant argues he had ineffective assistance of counsel in reaching that plea deal. The Tenth Circuit reviewed Defendant's trial records and found sufficient evidence there that "reasonable jurists" could convict him on what was presented at trial. Furthermore, the waiver of the right to appeal in the plea agreement was effective, and the district court was correct in dismissing his request. The Court affirmed the district court's decision and denied Defendant's request for a COA.
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