Derrick White v. United States ( 2021 )

United States Court of Appeals
For the Eighth Circuit
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No. 21-1179
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Derrick J. White
lllllllllllllllllllllMovant - Appellant
v.
United States of America
lllllllllllllllllllllRespondent - Appellee
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: March 26, 2021
Filed: April 12, 2021
[Unpublished]
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Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Derrick J. White seeks a certificate of appealability following the district
court’s dismissal of his 28 U.S.C. § 2255 motion. Upon careful review of the record,
we have determined that the district court erred when it dismissed White’s motion as
untimely. See 28 U.S.C. § 2255(f)(1). Nevertheless, we hold that jurists of reason
would not find it debatable whether White’s claim was procedurally defaulted, or
whether his petition states a valid claim of the denial of a constitutional right. See
Slack v. McDaniel, 529 U.S. 473, 484 (2000) (COA standard). Accordingly, White’s
request for a certificate of appealability is denied.
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