United States v. Scanlon, No. 11-1061 (10th Cir. 2011)
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Defendant Nathan Scanlon sought a certificate of appealability (COA) to challenge the district court's denial of his motion to vacate, set aside, or correct his sentence. Defendant pled guilty to receiving and distributing child pornography and was sentenced to 121 months' imprisonment. This term was at the bottom end of the advisory sentencing guidelines. Defendant never appealed his conviction or sentence but filed a pro se motion to vacate. The district court denied that motion. Subsequently he obtained counsel and filed this petition with the Tenth Circuit. Upon review, the Tenth Circuit found that Defendant failed to make a substantial showing of the denial of a constitutional right in his petition. The Court denied his request for a COA and dismissed his appeal.
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