United States v. Arthur Hollis

MEMORANDUM

Arthur Leon Hollis appeals from the district court’s denial of his § 2255 motion to vacate his conviction. Hollis’ motion asserted ineffective assistance of counsel claims, and he subsequently requested relief on a theory of prosecutorial misconduct. The district court certified for appeal the following question which relates to evidence the government failed to produce regarding the reliability of one of the government’s key witnesses: “[W]hether defendant preserved a prosecutorial misconduct claim and, if he did, whether he was prejudiced by the Government’s failure to produce certain evidence pertaining to a confidential source.”

The district court had original jurisdiction over this criminal action pursuant to 28 U.S.C. § 2255 . We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Hollis contends that the district court erred in failing to address his prosecutorial misconduct claim. Hollis did not assert a prosecutorial misconduct claim in his original or amended § 2255 motion, nor did he seek leave to file a second amended petition to add such a claim. Despite these facts, the district court addressed the merits of that claim and concluded that,…