United States v. Ellis , 699 F. App'x 833 ( 2017 )


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  •                                                                         FILED
    United States Court of Appeals
    Tenth Circuit
    UNITED STATES COURT OF APPEALS October 17, 2017
    Elisabeth A. Shumaker
    TENTH CIRCUIT                      Clerk of Court
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.                                                      No. 17-3037
    (D.C. Nos. 2:14-CV-02578-KHV and
    BRETT W. ELLIS,                                2:12-CR-20093-KHV-DJW-1)
    (D. Kan.)
    Defendant - Appellant.
    ORDER DENYING CERTIFICATE OF APPEALABILITY *
    Before PHILLIPS, McKAY, and McHUGH, Circuit Judges.
    Appellant seeks a certificate of appealability to appeal the district court’s
    denial of his 
    28 U.S.C. § 2255
     habeas petition.
    Following the denial of his motion to suppress evidence found in a search
    of his residence and computers, Appellant pled guilty to possession of child
    pornography and was sentenced pursuant to a Rule 11(c)(1)(C) plea agreement to
    a below-guidelines sentence of seventy-two months. In his § 2255 petition, he
    raised several claims of ineffective assistance of counsel, all relating to the
    *
    This order is not binding precedent except under the doctrines of law of
    the case, res judicata, and collateral estoppel. It may be cited, however, for its
    persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
    unsuccessful motion to suppress.
    The district court denied Appellant’s § 2255 petition in a comprehensive
    twenty-three page order, in which the court analyzed each of Appellant’s claims
    and explained why each claim failed to show constitutionally ineffective
    advocacy and/or prejudice under the Supreme Court’s governing Strickland
    standard. See Strickland v. Washington, 
    466 U.S. 668
    , 687, 694 (1984).
    After thoroughly reviewing Appellant’s brief and the record on appeal, we
    conclude that reasonable jurists would not debate the correctness of the district
    court’s ruling. See Slack v. McDaniel, 
    529 U.S. 473
    , 484 (2000). For
    substantially the same reasons given by the district court, we DENY Appellant’s
    request for a certificate of appealability and DISMISS the appeal.
    ENTERED FOR THE COURT
    Monroe G. McKay
    Circuit Judge
    -2-
    

Document Info

Docket Number: 17-3037

Citation Numbers: 699 F. App'x 833

Filed Date: 10/17/2017

Precedential Status: Non-Precedential

Modified Date: 1/13/2023