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April 7, 2009
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
TENTH CIRCUIT
Clerk of Court
No. 08-8079
(D. Wyoming)
(D.C. Nos. 1:05:CV-00081-WFD and
2:01-CR-00079-WFD-1)
Defendant - Appellant.
This matter is before the court on Ashley L. Williamss pro se request for a
certificate of appealability (COA). Williams seeks a COA so he can appeal the
district courts denial of his 28 U.S.C. 2255 motion. 28 U.S.C. 2253(c)(1)(B).
Because Williams has not made a substantial showing of the denial of a
constitutional right, id. 2253(c)(2), this court denies his request for a COA and
dismisses this appeal.
The factual and procedural history of this case is set out in this courts
opinion on direct appeal affirming Williamss convictions. United States v.
Williams, 94 F. Appx 693, 694 (10th Cir. 2004). Thus, the general background
need not be repeated here, other than to note Williams was convicted, following a
Williams filed his application for a COA on December 9, 2008, but did not
file an appellate brief. This court sent Williams a written deficiency notice
regarding the missing appellate brief, but Williams did not file a timely response.
Accordingly, on February 4, 2009, this court entered an order noting that
Williamss application for a COA would also be treated as his appellate brief.
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Michael R. Murphy
Circuit Judge
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