Cooper

United States v. Cooper

Good Law
31 F. App'x 501
United States Court of Appeals for the Ninth CircuitMarch 11, 2002No. 01-55625; D.C. No. CV-00-02275-JNKCalifornia402 words

Opinion

Lead Opinion

MEMORANDUM ***

Gordon Paul Cooper appeals the decision of the district court denying his petition for writ of habeas corpus. We have jurisdiction under 28 U.S.C. § 1291 , and we deny the petition.

Pursuant to the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2253 , the scope of review in habeas appeals is limited to those issues specified in the certificate of appealability (“COA”). 28 U.S.C. § 2253 (c)(1)(B); Hiivala v. Wood, 195 F.3d 1098, 1102 (9th Cir.1999). On April 6, 2001, the district court granted a COA solely as to Cooper’s claim that his former counsel was ineffective for failing to uncover and disclose witness perjury. Cooper failed to file a timely motion for broader certification under Rule 22-l(d) and, therefore, we will not consider the uncertified issues. Ninth Cir. R. 22—1(d); see United States v. Zuno-Arce, 209 F.3d 1095 (9th Cir.2000).

Cooper argues that his counsel was ineffective because he failed to seek an evidentiary hearing to investigate the possibility that perjured testimony was being used at trial. Cooper fails, however, to present any evidence that counsel had any information as to the alleged perjury that would have warranted…

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