Filed: Patrick Fisher
Filed: Patrick Fisher
JUL 19 2004
PATRICK FISHER
Clerk
No. 03-3360
(D.C. Nos. 03-CV-3336-MLB
& 99-CR-10086-03-MLB)
(D. Kan.)
KANE , ** Senior
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal.
The Honorable John L. Kane, Senior District Judge, United States District
Court for the District of Colorado, sitting by designation.
**
U.S.C. 2255. We
Morris , 247 F.3d 1080, 1084 (10th Cir. 2001). We remanded the action to the
district court with directions to enter a conviction and sentence on no more than
one 924(c) count per Hobbs Act conviction.
Id. at 1090-91.
to advise him of the advantages and disadvantages of the plea agreement offered
by the government, failed to investigate the facts, and failed to impeach the
governments key witness during the motion to suppress. He also contended that
perjured testimony was presented to the grand jury, that his sentencing violated
Apprendi v. New Jersey, 530 U.S. 466 (2000), and that the p rosecution
knowingly presented false testimony during the suppression hearing.
The district court denied relief. Mr. Morris appeals rearguing his original
contentions. He also argues that there was no probable cause to support his arrest
and the prosecutor was guilty of misconduct. As noted, we granted a certificate
of appealability as to whether counsel was ineffective because he failed to
properly advise Mr. Morris regarding the proposed plea agreement.
A district court may grant relief under 2255 only if it determines that the
judgment was rendered without jurisdiction, or that the sentence imposed was not
authorized by law or otherwise open to collateral attack, or that there has been
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to show a
reasonable probability that, but for alleged counsels errors, he would have pled
guilty.
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For the foregoing reasons, we AFFIRM the district courts denial of habeas
relief on the issue on which we granted a certificate of appealability. We DENY
a certificate of appealability on Mr. Morriss remaining issues.
issue forthwith.
John L. Kane
Senior District Judge
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