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MUTH v. FONDREN

No. 10-35223.

676 F.3d 815 (2012)

Seth MUTH, Petitioner-Appellant, v. Dwight L. FONDREN, Warden, Sandstone F.C.I., Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 3, 2012.

Attorney(s) appearing for the Case

David F. Ness , Assistant Federal Defender, Federal Defenders of Montana, Great Falls, MT, for the petitioner-appellant.

J. Bishop Grewell , Assistant United States Attorney, Helena, MT, for the respondent-appellee.

Before: SUSAN P. GRABER, RAYMOND C. FISHER, and JOHNNIE B. RAWLINSON, Circuit Judges.

ORDER

GRABER, Circuit Judge:

Petitioner Seth Muth appeals an order denying his request for post-conviction relief and declining to grant him a certificate of appealability ("COA"). Because no reasonable jurist would conclude that Petitioner has demonstrated actual innocence, we decline to issue a COA and we affirm the judgment of the district court.

In 2003, Petitioner pleaded guilty to using a firearm in relation to a drug trafficking offense, in...

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