U.S. v. HOLYFIELD

No. 12-1004.

703 F.3d 1173 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher HOLYFIELD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 8, 2013.


Attorney(s) appearing for the Case

Christopher Holyfield, Florence, CO, on the brief, Pro Se Defendant-Appellant.

John T. Carlson , Assistant Federal Public Defender ( Raymond P. Moore , Federal Public Defender, with him on the brief), Denver, CO, for Defendant-Appellant.

May E. Kim , Assistant United States Attorney ( John F. Walsh , United States Attorney, and Patricia Davies , Assistant United States Attorney, on the brief), Denver, CO, for Plaintiff-Appellee.

Before O'BRIEN, MURPHY, and TYMKOVICH, Circuit Judges.


MURPHY, Circuit Judge.

I. Introduction

Christopher Holyfield appeals the district court's denial of his 28 U.S.C. § 2255 motion for relief from judgment. In his § 2255 motion, Holyfield asserted his counsel was constitutionally ineffective for failing to challenge on appeal the district court's use of a 1998 California conviction to sentence him to life imprisonment under the provisions of 21 U.S.C. § 841(b)(1)(A). In particular, Holyfield...

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