United States v. Ratliff ( 2011 )

FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
May 20, 2011
TENTH CIRCUIT Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
No. 11-7018
(D.C. Nos. 6:10-CV-00374-JHP and
JANICE LYNN RATLIFF,
6:08-CR-00035-JHP-1)
(E.D. Okla.)
Defendant-Appellant.
ORDER DENYING CERTIFICATE OF APPEALABILITY *
Before LUCERO, EBEL, and GORSUCH, Circuit Judges.
Janice Ratliff pleaded guilty to bank fraud, 18 U.S.C. § 1344, and was
sentenced to sixty months in prison. Ms. Ratliff first sought to challenge her
sentence on direct appeal but lost. See United States v. Ratliff, 376 F. App’x 830
(10th Cir. 2010) (per curiam). Then she filed a motion under 28 U.S.C. § 2255
alleging that her sentence should be vacated because it was the product of
constitutionally deficient work by her lawyer. Ultimately, however, the district
court concluded that Ms. Ratliff’s ineffective assistance claims lacked merit. Ms.
Ratliff now seeks from us a certificate of appealability (“COA”) to challenge the
*
This order is not binding precedent except under the doctrines of law of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.
district court’s disposition. She argues that, but for counsel’s allegedly deficient
conduct, she would have received a downward adjustment to her sentence.
We may issue a COA only if the petitioner 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.” United States v. Taylor, 454 F.3d 1075, 1078 (10th Cir. 2006) (citation
omitted). Because Ms. Ratliff proceeds in this court pro se, we review her
pleadings with special solicitude.
We do not, however, believe a COA is warranted in this case. In a lengthy
opinion the district court applied Strickland v. Washington, 466 U.S. 668 (1984),
to Ms. Ratliff’s claims and concluded, among other things, that she had failed to
show either deficient performance by her attorney or prejudice resulting from her
attorney’s performance. It is this court’s view that no reasonable jurist could
doubt the correctness of the district court’s analysis of and rulings on those
issues. The application for a COA is denied and this appeal is dismissed.
ENTERED FOR THE COURT
Neil M. Gorsuch
Circuit Judge
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