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UNITED STATES v. CASTRO

No. 18-10137.

4 F.4th 345 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Adrian CASTRO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED July 14, 2021.

Attorney(s) appearing for the Case

Jonathan Glen Bradshaw , Leigha Amy Simonton , Assistant United States Attorneys, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

James Matthew Wright , Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Amarillo, TX, for Defendant-Appellant.

Before Ho, Oldham, and Wilson, Circuit Judges.

A judge on our court granted Adrian Castro a certificate of appealability ("COA"). It's undisputed that the COA is invalid under 28 U.S.C. § 2253(c)(2)-(3) because it fails to specify a constitutional issue. The only question is what we should do about it. We vacate the COA and dismiss the appeal.

I...

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