U.S. v. Trujillo, (10th Cir. 1999)

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UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

No. 99-2045

JEANETTE M. TRUJILLO,

Defendant-Appellant.

(D.C. No. CIV-98-1051-JC)

(D. N.M.)

ORDER AND JUDGMENT
name="txt*">(*)

Before SEYMOUR, Chief Judge,
name="9">BALDOCK, and
name="10">HENRY, Circuit Judges.
name="txt**">(**)

Defendant Jeanette M. Trujillo pled guilty in federal district court to armed

bank robbery in violation of 18 U.S.C. § 2113(a) & (d) and 18 U.S.C. §

2. Plaintiff

did not move to withdraw her guilty plea and did not perfect a direct criminal appeal.

Instead, Plaintiff filed a petition to vacate her sentence under 28 U.S.C. § 2255 in the

district court claiming ineffective assistance of counsel. According to Plaintiff, defense

counsel failed to properly advise her as to the consequences of her guilty plea. In a

thorough Memorandum Opinion and Order, the district court summarily dismissed the

petition. See Rule 4 of the Rules Governing § 2255 Petitions. Now before us is

Plaintiff's application for a certificate of appealability. See 28 U.S.C. § 2253(c).

A defendant may appeal the denial of a § 2255 petition only if "a circuit justice or

judge" issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B). A certificate of

appealability "may issue . . . only if the applicant has made a substantial showing of the

denial of a constitutional right." Id. § 2253(c)(2). We conclude that Petitioner

has failed

to make the required showing.

We have thoroughly reviewed Defendant's application for a certificate of

appealability, her brief, the district court's order, and the entire record before us. We

conclude the Plaintiff's claims are meritless substantially for the reasons set forth in the

district court's Memorandum Opinion and Order dismissing the petition. Because

Plaintiff has not made a substantial showing of the denial of a constitutional right, we

deny her request for a certificate of appealability and dismiss the appeal.

CERTIFICATE OF APPEALABILITY DENIED; APPEAL DISMISSED.

Entered for the Court,

Bobby R. Baldock

Circuit Judge

FOOTNOTES

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*. 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.

**. 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)(C); 10th Cir. R. 34.1(G). The case is therefore

ordered submitted without oral argument.

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