United States v. Fletcher

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
FEB 8 1999
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 98-6072
(D.C. No. 97-CV-630)
DENNIS BATES FLETCHER, (W.D. Okla.)
Defendant-Appellant.
ORDER AND JUDGMENT *
Before ANDERSON , KELLY , and LUCERO , Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Defendant seeks a certificate of appealability, see 28 U.S.C. § 2253, that
would permit his appeal from the district court’s denial of 28 U.S.C. § 2255 relief
from his convictions for the possession and distribution of controlled substances,
see 21 U.S.C. § 841(a)(1). He asserts five grounds for relief: 1) the sentencing
court erred in failing to conduct a hearing to determine his ability to pay the
$75,000 fine imposed, following this court’s remand on direct appeal; 2) the
sentencing court relied on the false testimony of “drug addict informers” in
determining the amount of controlled substances involved for sentencing
purposes; 3) the government breached the plea agreement; 4) the sentencing court
erred in sentencing defendant for the distribution of d-methamphetamine, rather
than l-methamphetamine; and 5) defendant’s attorney provided ineffective
assistance of counsel. Because defendant has failed to make “a substantial
showing of the denial of a constitutional right,” we deny his application for
a certificate of appealability and DISMISS this appeal. 28 U.S.C. § 2253(c)(2).
The mandate shall issue forthwith.
Entered for the Court
Stephen H. Anderson
Circuit Judge
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