United States v. Prado-Diaz, No. 11-2037 (10th Cir. 2011)
Annotate this CasePro se prisoner Defendant Jose Prado-Diaz petitioned the Tenth Circuit for 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 pursuant to a plea agreement to possession with the intent to distribute cocaine. He was sentenced to 108 months' imprisonment on January 12, 2006. The district court entered judgment on January 19, 2006, but mistakenly entered the date as January 19, 2005. The court eventually amended the judgment to correct the date, but according to Defendant, he did not receive notice of the amendment and learned of the change in August 2010 when he requested and received a copy of his criminal case docket. It was then that Defendant tried to file a direct appeal with the Tenth Circuit and the Court dismissed it as untimely. Upon review of Defendant's motion to set aside his sentence, the Tenth Circuit held that "because that decision [was] not even debatably incorrect, we deny Prado-Diaz’s request for a Certificate of Appealability (COA)."
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.