UNITED STATES OF AMERICA v. ABRAHAM CHAPA (2017)

ORDER:

Abraham Chapa, federal prisoner # 46852-177, pleaded guilty of conspir-acy to distribute a controlled substance in violation of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(A). He seeks a certificate of appealability (“COA”) to appeal the dismissal of his 28 U.S.C. § 2255 motion, in which he raised a single claim of ineffective assistance of counsel based on counsel's alleged failure to pursue a direct appeal.

To obtain a COA, Chapa must make “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). Where, as here, the claims are rejected on the merits, the prisoner must “demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong” or that the issues presented “deserve encouragement to proceed further.” Slack v. McDaniel, 529 U.S. 473, 484 (2000) (citation omit-ted).

Chapa has not made the required showing. Consequently, the motion for a COA is DENIED.

JERRY E. SMITH United States Circuit Judge