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United States v. Chisum

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ORDER DENYING CERTIFICATE OF APPEALABILITY

Before HARTZ, McKAY, and O’BRIEN, Circuit Judges.

Jimmy Clayton Chisum was convicted on four counts of willful attempt to evade income taxes. See 26 U.S.C. § 7201. On appeal we affirmed his conviction, but reversed and remanded his sentence of 97 months’ imprisonment. See United States v. Chisum, 502 F.3d 1237 (10th Cir. 2007). The district court then imposed a sentence of 66 months’ imprisonment, which he did not appeal. He did, however, file a motion for relief under 28 U.S.C. § 2255 attacking his new sentence and raising a multitude of additional challenges to his underlying conviction. The district court denied the motion and Mr. Chisum now seeks a certificate of appealability (COA) from us to challenge that ruling. See 28 U.S.C. § 2253(c)(1)(B) (requiring COA to pursue appeal of denial of § 2255 motion).

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