U.S. v. UNDERWOOD

No. 08-31243.

597 F.3d 661 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Lee E. UNDERWOOD, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 17, 2010.


Attorney(s) appearing for the Case

Cristina Walker, Asst. U.S. Atty., Shreveport, LA, for Plaintiff-Appellee.

Dmitrc Ian Burnes, Burnes, Burnes & Talley, Alexandria, LA, for Defendant-Appellant.

Before JOLLY, WIENER, and BARKSDALE, Circuit Judges.


RHESA H. BARKSDALE, Circuit Judge:

Lee E. Underwood appeals the denial of his 28 U.S.C. § 2255 motion to vacate, in which he claimed a due-process violation because a magistrate, not district, judge presided over his plea hearing without express consent. Pursuant to the Antiterrorism and Effective Death Penalty Act (AEDPA), the district court granted a certificate of appealability (COA) on whether Underwood procedurally defaulted by failing to raise his due-process...

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