|UNITED STATES OF AMERICA,||
For this court to have jurisdiction in this matter, a certificate of appealability ("COA") must be granted. Miller-El v. Cockrell, 123 S. Ct. 1029, 1039 (2003). Mr. Cruz-Arellanes has applied for a COA, which requires a showing "that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Slack v. McDaniel, 529 U.S. 473, 484 (2000) (internal quotations and citations omitted). Our task is to assess generally the merits of the claims contained in the § 2255 motion, without fully deciding those claims. Miller-El, 123 S. Ct. at 1039. We do not find the district court's resolution of the claims advanced by Mr. Cruz-Arellanes to be debatable or wrong. See 1 R. (2:02-CV-345C) Doc. 4. We obtained the district court file of the criminal proceeding (2:01-CR-00224-001C), and it is apparent that Mr. Cruz-Arellanes was advised that the government was seeking an enhancement pursuant to § 1326(b)(2), based upon prior aggravated felonies, resulting in potential 20 year sentence. 1 R.S. (2:01-CR-00224-001C) Doc. 2 (Notice of Sentencing Enhancement); Attach. (Statement by Defendant in Advance of Guilty Plea); Sent. Tr. 8-10 (in which Mr. Cruz-Arellanes, after being advised of the probable sentence before its imposition, argued only that he did not know it was a crime to come back after being deported).
We DENY Mr. Cruz-Arellanes' application for a COA.
Entered for the Court
Paul J. Kelly, Jr.