United States v. Arriola-Perez, No. 11-8043 (10th Cir. 2011)
Annotate this Case
Pro se prisoner Defendant-Appellant Xavier Arriola-Perez sought a certificate of appealability (COA) to challenge a district court's denial of his habeas petition. Defendant was convicted on two counts related to the possession and distribution of methamphetamine in 2003, for which he was sentenced to 400 months' imprisonment. In 2007, Defendant filed a motion to extend the time for filing his habeas petition which was granted by the district court. Late that year, Defendant filed his petition, then filed a Rule 15(a) motion seeking leave to amend. The district court found that his proposed amendments did not relate back to his original habeas petition, and were deemed untimely. Construing the 15(a) motion as a motion for leave to file a successive petition for post-conviction relief, the district court transferred the motion to the Tenth Circuit while denying Defendant relief. The Tenth Circuit affirmed the district court's judgement. Defendant then petitioned the Court for a COA, arguing the district court erred in treating the Rule 15(a) motion as a successive petition for post conviction relief, and that he received ineffective assistance of counsel in defending himself on the possession and distribution charges. Finding no substantial showing that his constitutional rights had been denied, the Tenth Circuit denied Defendant's request for a COA, and dismissed his appeal.
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.