US v. Pinson, No. 09-6119
Defendant's motion for a certificate of appealability of the district court's denial of his 28 U.S.C. section 2255 motion to vacate defendant's sentence is denied where: 1) the court had ample evidence before it both of defendant's history of emotional problems and his competency as of the date of the plea colloquy; and 2) when a habeas petitioner claims ineffective assistance of counsel, he impliedly waives attorney-client privilege with respect to communications with his attorney necessary to prove or disprove his claim.
Filed October 26, 2006
Opinion by Judge Ebel
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