United States v. Lujan-Lopez, No. 15-1124 (10th Cir. 2015)

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FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS June 30, 2015 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSE LUJAN-LOPEZ, No. 15-1124 (D.C. Nos. 1:14-CV-03159-RBJ and 1:12-CR-00149-RBJ-1 ) (D. Colorado) Defendant - Appellant. ORDER DENYING CERTIFICATE OF APPEALABILITY Before, HARTZ, TYMKOVICH, and MORITZ, Circuit Judges. Defendant José Lujan-Lopez seeks a certificate of appealability (COA) to appeal the denial of his motion for relief under 18 U.S.C. § 2255 by the United States District Court for the District of Colorado. To obtain a COA he must show “that reasonable jurists could debate whether (or, for that matter, agree that) the [motion] should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further.” Slack v. McDaniel, 529 U.S. 473, 484 (2000) (internal quotation marks omitted). In our view, no court could improve upon the district court’s thorough, cogent, and sensitive opinion denying relief. To address an argument Defendant makes on appeal, we add only that Defendant could not obtain an offenselevel decrease of more than two levels for acceptance of responsibility without a supporting motion by the government. See USSG § 3E1.1(b). For the reasons stated in the district court’s opinion, which we attach and incorporate, we deny a COA and dismiss the appeal. ENTERED FOR THE COURT Harris L Hartz Circuit Judge 2

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