United States v. Washington, 10th Cir. (2009)
United States v. Washington, 10th Cir. (2009)
Elisabeth A. Shumaker
Clerk of Court
No. 08-4180
v.
(D. Utah)
Defendant - Appellant.
ORDER DENYING
CERTIFICATE OF APPEALABILITY *
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination
of this proceeding. See Fed. R. App. P. 34(a)(2); 10 th Cir. R. 34.1(G). The case
is therefore ordered submitted without oral argument.
Darrell Eugene Washington was found guilty, following a jury trial, of
possession with intent to distribute crack cocaine and possession of ammunition
This order is not binding precedent except under the doctrines of law of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.
jurists would find the district courts assessment of the constitutional claims
debatable or wrong. Miller-El v. Cockrell, 537 U.S. 322, 338 (2003). In
addressing this question we review Washingtons pro se filings with special
solicitude. See Van Deelen v. Johnson, 497 F.3d 1151, 1153 n.1 (10 th Cir. 2007).
Even according Washingtons materials such a solicitous construction, we
conclude, based upon our own review of the record, and for substantially the same
reasons given by the district court, that no reasonable jurist could debate the
correctness of the district courts ruling. Washingtons request for a COA is
therefore denied and this appeal is dismissed.
ENTERED FOR THE COURT
Stephen H. Anderson
Circuit Judge
-3-