United States v. Vazquez ( 2011 )

FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS July 22, 2011
Elisabeth A. Shumaker
TENTH CIRCUIT Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 11-4044
(D.C. Nos. 2:10-CV-00993-TC and
JUAN ANTONIO VAZQUEZ, 2:06-CR-00196-TC-1)
(D. Utah)
Defendant-Appellant.
ORDER DENYING CERTIFICATE OF APPEALABILITY *
Before LUCERO, EBEL, and GORSUCH, Circuit Judges.
In 2007, a jury convicted Juan Antonio Vazquez of possession with intent
to distribute 500 grams or more of a mixture of substances containing
methamphetamine. This court subsequently affirmed the conviction and resulting
sentence. United States v. Vazquez, 555 F.3d 923 (10th Cir. 2009). Mr. Vazquez
then filed a motion in the district court seeking relief under 28 U.S.C. § 2255.
The district court denied the petition and Mr. Vazquez now seeks a certificate of
appealability (“COA”) to contest that denial.
*
This order is not binding precedent except under the doctrines of law of
the case, res judicata, and collateral estoppel. It may be cited, however, for its
persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
We may grant a COA only if Mr. Vazquez makes a “substantial showing of
the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). Under this standard,
an applicant must show “that reasonable jurists could debate whether (or, for that
matter agree that) the petition 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
omitted). Because Mr. Vazquez proceeds in this court pro se, we review his
pleadings with special solicitude.
Even so, we cannot grant a COA in this case. Reviewing the complete
record, we conclude that no reasonable jurist would debate the district court’s
disposition of Mr. Vazquez’s claims, and for substantially the same reasons given
by the district court. Accordingly, Mr. Vazquez’s application for a COA is
denied and this appeal is dismissed.
ENTERED FOR THE COURT
Neil M. Gorsuch
Circuit Judge
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