Bedolla v. United States, No. 11-3141 (10th Cir. 2011)
Annotate this CasePro se prisoner Defendant Mariano Bedolla was convicted on drug offenses for which he was sentenced to 235 months' imprisonment. Defendant sought a certificate of appealability from the Tenth Circuit to appeal his conviction and sentence. The district court denied Defendant's motion for post-conviction relief. On appeal to the Tenth Circuit, Defendant argued the district court denied his motion without permitting him the opportunity to file a supporting memorandum or providing him with a transcript of the sentencing proceeding, and that his trial counsel was ineffective for failing to seek a departure or variance from the advisory guidelines sentence. Upon review of Defendant's appellate brief and application for COA, the district court's order and the entire record on appeal, the Tenth Circuit concluded Defendant was not entitled to a COA. Accordingly, the Court denied his request for a COA and dismissed his appeal.
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