Certificate of Appealability Improvidently Granted, Court Says

U.S. v. Trinkle, 2013 WL 363480 (1/31/13) (Kan.) (unpub'd) - For the first time in memory, the 10th finds the d. ct. was wrong to grant a certificate of appealability (COA). A COA could not be granted for this § 2255 motion because a COA only issues when the applicant makes a substantial showing of the denial of a constitutional right. The defendant here only showed the d.ct. at worst had made a guideline error in considering a prior offense as a crime of violence for career offender purposes.