United States v. Cardoza-Sarabia

531 F. App'x 932

• Court: Court of Appeals for the Tenth Circuit
• Decided: September 5, 2013
• Docket: 13-8049
• Status: Unpublished

Opinion

ORDER DENYING CERTIFICATE OF APPEALABILITY

HARRIS L. HARTZ, Circuit Judge.

Movant Roberto Cardoza-Sarabia seeks a certifícate of appealability (COA) to appeal the denial by the United States District Court for the District of Wyoming of his motion under 28 U.S.C. § 2255 to set aside his sentence and conviction because of ineffective assistance of counsel with respect to his guilty plea. See 28 U.S.C. § 2253(c)(1)(B) (requiring COA to appeal denial of § 2255 motion). The district court denied the motion because it was untimely under 28 U.S.C. § 2255(f).

The district court was clearly correct. The judgment was entered against Movant on December 17, 2009. He did not appeal. He filed his § 2255 motion on October 12, 2012. In district court he gave no reason to overcome the statutory bar, nor has he done so in this court. We DENY a COA and dismiss the appeal. Appellant’s motion to proceed in forma pauperis is DENIED.