United States v. Moore, No. 11-5026 (10th Cir. 2011)
Annotate this CasePro se prisoner Petitioner Christopher Moore, Jr. sought a certificate of appealability (COA) to appeal a district court's dismissal of his motion to vacate, set aside or correct his sentence. Petitioner was convicted in 1998 of bank robbery and on firearms charges, for which he was sentenced to 950 months' imprisonment. Petitioner was previously unsuccessful in petitioning the district court and Tenth Circuit for a COA. In this application, Petitioner argued multiple evidentiary and technical errors committed by the trial court that warranted appellate review. The district court treated Petitioner's application as an unauthorized or successive motion for post-conviction relief. The court refused the transfer the matter to the Tenth Circuit and dismissed the motion for lack of jurisdiction. Undeterred, Petitioner filed his application for a COA directly with the Tenth Circuit. Upon review, the Tenth Circuit denied Petitioner's application for a COA for substantially the same reasons set forth by the district court when it denied Petitioner's application and motion. The Court dismissed Petitioner's appeal.
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