United States v. Cardoza-Sarabia, No. 13-8049 (10th Cir. 2013)

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FILED United States Court of Appeals Tenth Circuit September 5, 2013 UNITED STATES COURT OF APPEALS TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 13-8049 (D. Wyoming) ROBERTO CARDOZA-SARABIA, (D.C. Nos. 2:12-CV-00230-ABJ and 2:09-CR-00136-ABJ-1) Defendant - Appellant. ORDER DENYING CERTIFICATE OF APPEALABILITY Before HARTZ, O BRIEN, and GORSUCH, Circuit Judges. Movant Roberto Cardoza-Sarabia seeks a certificate of appealability (COA) to appeal the denial by the United States District Court for the District of Wyoming of his motion under 28 U.S.C. § 2255 to set aside his sentence and conviction because of ineffective assistance of counsel with respect to his guilty plea. See 28 U.S.C. § 2253(c)(1)(B) (requiring COA to appeal denial of § 2255 motion). The district court denied the motion because it was untimely under 28 U.S.C. § 2255(f). The district court was clearly correct. The judgment was entered against Movant on December 17, 2009. He did not appeal. He filed his § 2255 motion on October 12, 2012. In district court he gave no reason to overcome the statutory bar, nor has he done so in this court. We DENY a COA and dismiss the appeal. Appellant s motion to proceed in forma pauperis is DENIED. ENTERED FOR THE COURT Harris L Hartz Circuit Judge -2-

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