United States v. Terrones-Lopez, No. 11-6200 (10th Cir. 2011)
Annotate this CasePro se prisoner Petitioner Reyes Terrones-Lopez sought a certificate of appealability to challenge a district court's dismissal of his petition for post-conviction relief. Petitioner was indicted by a federal grand jury on ten counts alleging drug offenses. In compliance with an agreement with the government, he pled guilty to three counts charging distribution of cocaine. He waived his right to appeal or raise a collateral challenge to his guilty plea or sentence, except that he retained the right to challenge a sentence above the guidelines range. The district court entered judgment sentencing Petitioner on the three counts to 108 months in prison and dismissing the remaining counts. On appeal, Petitioner raised several claims for relief relating to alleged ineffective assistance of counsel and the timeliness of his attempts to appeal the sentence. Upon review, the Tenth Circuit found nothing in the record to suggest he received ineffective assistance of counsel, and that his motions for reconsideration were indeed untimely. Accordingly, the Court denied Petitioner's request for a COA and dismissed his appeal.
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