United States v. Kelly, No. 11-4105 (10th Cir. 2011)
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Petitioner Steven Kelly sought a certificate of appealability (COA) to a district court's dismissal of his motion to vacate, set aside, or correct his sentence. In 2005, Petitioner was convicted of two drug trafficking offenses. On appeal, Petitioner raised two ineffective assistance of claims. The district court concluded Petitioner's allegations were insufficient to support his ineffective assistance claims. The Tenth Circuit reviewed Petitioner's appellate brief, application for COA, the district court's order and the entire record on appeal. The Court concluded that Petitioner was not entitled to a COA, and dismissed his appeal.
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