Hemphill, 514 F.3d at 1354. On June 5, 2006, Baxter was
sentenced to 120 months’ imprisonment. Id.
Baxter and Hemphill appealed, and on February 8, 2008,
this court affirmed the district court’s judgment as to both
defendants on all counts. Id. at 1353. The Supreme Court
denied Baxter’s petition for certiorari on November 10, 2008,
Baxter v. United States, 555 U.S. 1020 (2008), and denied his
petition for reconsideration on January 12, 2009, Baxter v.
United States, 555 U.S. 1130 (2009).
On January 11, 2010, Baxter filed a motion to vacate his
sentence pursuant to 28 U.S.C. § 2255.
The district judge
denied Baxter’s motion for § 2255 relief on August 28, 2012,
based on “the parties’ briefs,” “the entire record,” and the
knowledge the judge acquired from “[h]aving presided over
petitioner’s trial and sentencing.” J.A. 480-81. On November
9, 2012, Baxter applied for a certificate of appealability, which
the judge denied on January 10, 2013. J.A. 485.
Thereafter, Baxter filed a notice of appeal from the denial
of his § 2255 motion and moved for a certificate of appealability
from this court. In challenging his conviction, Baxter raises
three principal claims. First, he argues that the government
Section 2255 provides:
A prisoner in custody under sentence of a court established
by Act of Congress claiming the right to be released upon
the ground that the sentence was imposed in violation of the
Constitution or laws of the United States . . . may move the
court which imposed the sentence to vacate, set aside or
correct the sentence.
28 U.S.C. § 2255(a).