United States Tenth Circuit

A petition for a certificate of appealability (COA) from a denial of defendant's motion for habeas relief on a sentence for possession of a firearm by a convicted felon, enhanced under the Armed Career Criminal Act (ACCA), is denied where a claim under Shepard that the district court improperly made fact findings regarding the ACCA enhancement was a nonconstitutional claim for which a COA cannot be granted.

Appellate Information

• Decided 08/08/2006
• Published 08/08/2006

Judges

• HARTZ, Circuit Judge., Before HARTZ, SEYMOUR and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Samuel Neil Christensen, pro se.


• For Appellees:
  
• Paul M. Warner, United States Attorney (Wayne T. Dance, Assistant United States Attorney), District of Utah, Salt Lake City, UT, for the Plaintiff-Appellee.