Professional Documents
Culture Documents
No. 05-6067
(Western District of Oklahoma)
(D.C. No. CIV-04-895-C)
v.
JAMES CRAIG JEFFERSON, also
known as Craig Jefferson,
Defendant-Appellant.
ORDER
Before BRISCOE, LUCERO and MURPHY, Circuit Judges.
Petitioner, James Craig Jefferson, seeks a certificate of appealability
(COA) so he can appeal the district courts denial of the motion to vacate, set
aside, or correct sentence he brought pursuant to 28 U.S.C. 2255. See 28 U.S.C.
2253(c)(1)(B) (providing that a movant may not appeal the denial of a 2255
motion unless the movant first obtains a COA). Pursuant to the terms of a plea
agreement, Jefferson pleaded guilty to one count of distribution of cocaine base,
in violation of 21 U.S.C. 841(a)(1). Jefferson was sentenced to two hundred
and thirty-five months incarceration and three years supervised release.
-2-
Jefferson:
Yes, I do.
concludes that Jefferson is not entitled to a COA. The district courts resolution
of Jeffersons 2255 motion is not reasonably subject to debate and the issues he
seeks to raise on appeal are not adequate to deserve further proceedings.
Accordingly, this court denies Jeffersons request for a COA and dismisses this
appeal. Jeffersons motion to proceed in forma pauperis on appeal is granted.
Entered for the Court
CLERK, COURT OF APPEALS
By
-5-
Deputy Clerk