480 F. App'x 478
10th Cir.2012Background
- Temple was convicted in 2009 of conspiracy to possess with intent to distribute cocaine base and sentenced to 151 months plus five years of supervised release.
- Temple appealed raising five issues, which this court rejected and affirmed the conviction and sentence.
- Temple later filed a § 2255 petition seeking relief from her sentence.
- The district court denied the § 2255 petition and concluded she was not entitled to a COA.
- The district court identified three ineffective-assistance claims and five claims from direct appeal, all rejected as procedurally barred.
- Temple seeks a COA to challenge the district court’s denial of her § 2255 petition, arguing three issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of wiretap evidence | Temple argues wiretap evidence was improperly admitted. | United States argues admission was proper. | COA denied; no debatable issue. |
| Sufficiency of the evidence | Temple contends the evidence insufficient for conviction. | United States contends evidence sufficient. | COA denied; no debatable issue. |
| Aiding-and-abetting jury instruction | Temple challenges the aiding-and-abetting instruction. | United States defends the instruction. | COA denied; no debatable issue. |
Key Cases Cited
- United States v. Gonzalez, 596 F.3d 1228 (10th Cir. 2010) (COA must show debatable constitutional claim and procedural ruling)
- Clark v. Oklahoma, 468 F.3d 711 (10th Cir. 2006) (test for COA when district court ruling is procedural)
- Slack v. McDaniel, 529 U.S. 473 (U.S. 2000) (jurist standard for COA: reasonable jurists debatable)
- United States v. Prichard, 875 F.2d 789 (10th Cir. 1989) (direct appeal dispositions generally not revisited on collateral review)
- United States v. Warner, 23 F.3d 287 (10th Cir. 1994) (discussion of procedural bar and collateral review)
- Erickson v. Pardus, 551 U.S. 89 (U.S. 2007) (liberal construction of pro se pleadings)