September 27, 2016

Tenth Circuit: Certificate of Appealability Denied; No Facts to Suggest Defendant Prejudiced by Attorney’s Purported Ineffectiveness

The Tenth Circuit Court of Appeals published its opinion in United States v. Moya on Monday, April 16, 2012.

The Tenth Circuit denied Petitioner’s request for appeal. Petitioner, proceeding pro se, filed a motion for relief under 28 U.S.C. § 2255 in the United States District Court for the District of New Mexico. The district court denied the motion and rejected his application for a certificate of appealability (COA). He then sought a COA from the Tenth Circuit, which was denied and his appeal dismissed “because no reasonable jurist could debate the district court’s decision. [Petitioner] argues that his counsel was ineffective in negotiating his plea agreement and that the district court erred in refusing to hold an evidentiary hearing on his attorney’s ineffectiveness. But he has not alleged facts to support a finding that he was prejudiced by his attorney’s purported ineffectiveness.”

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