Warren v. Milyard, No. 11-1083 (10th Cir. 2011)
Annotate this CaseDefendant Louis Warren challenged the district court's dismissal of his application for a certificate of appealability (COA). The court found that Defendant's application was barred by the one-year limitations period of 28 U.S.C. 2244. Defendant pled guilty to racketeering in Colorado state court and was sentenced to 29 years' imprisonment. Defendant did not appeal his conviction or sentence. In 2008, approximately 20 months after the final denial of his previous motions, Defendant unsuccessfully moved the state court to correct his sentence. The district court dismissed his appeal as untimely. Upon review, the Tenth Circuit found that Defendant did not establish his entitlement to a COA. The Court denied Defendant's COA, and dismissed his remaining appeals.
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