F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JAN 26 1999
TENTH CIRCUIT
PATRICK FISHER
Clerk
SHANNON DIXON,
Petitioner - Appellant, No. 98-6371
v. W.D. Oklahoma
TOM C. MARTIN, (D.C. No. 97-CV-1045-A)
Respondent - Appellee.
ORDER AND JUDGMENT *
Before ANDERSON , KELLY , and BRISCOE , Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34 (a)(2); 10th Cir. R. 34.1(G). This cause is
therefore ordered submitted without oral argument.
Shannon Dixon, a state prisoner proceeding pro se, seeks a certificate of
appealability which would enable him to appeal the district court’s order
This order and judgment is not binding precedent, except under the
*
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
dismissing his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C.
§ 2254. In April 1994, Dixon pled guilty to various charges stemming from a
December 1992 incident in which he shot and killed his girlfriend. Specifically,
Dixon pled guilty to (1) Murder in the First Degree After Former Conviction of a
Felony, (2) Pointing a Firearm After Former Conviction of Felony, and (3)
Possession of a Firearm After Former Conviction of a Felony. As part of the plea
bargain, the government agreed to drop another charged count of Pointing a
Firearm After Former Conviction of a Felony. Some years earlier, Dixon had
been convicted of Possession of a Controlled Dangerous Substance; this was the
“former felony” listed in the 1994 charges.
At sentencing, the trial court imposed a sentence of life imprisonment for
the murder charge, life imprisonment for the pointing a firearm charge, and 10
years’ imprisonment for the possession of a firearm charge. The sentences were
to run concurrently.
Dixon did not file an application to withdraw his guilty plea, and did not
appeal the convictions or sentences. However, three years after the convictions
became final, Dixon filed an application for post-conviction relief in state court.
The Oklahoma trial court denied Dixon’s application, and the Oklahoma Court of
Criminal Appeals affirmed.
-2-
Dixon then filed his § 2254 petition in federal district court. The district
court assigned the matter to a magistrate judge, who issued a report
recommending that Dixon’s petition be denied. The district judge adopted the
recommended disposition of the magistrate judge, and partially adopted the
magistrate judge’s report.
Dixon now appeals from the decision of the district court denying his
petition. He alleges that he was denied effective assistance of counsel because
his attorney failed to inform him (1) of his right to the presumption of innocence;
(2) that the State had to prove each element of the crimes beyond a reasonable
doubt; (3) that “self-defense reversed burden of proof imposing State to disprove
such defense”; (4) that “malice aforethought” means “intent to kill”; (5) of lesser
included offenses and punishments; (6) that intoxication “required instruction(s)
mitigating intent”; and (7) “concerning possible sentences where his prior
conviction could not lawfully serve as a basis for the enhancement of sentences”
other than the possession of a firearm count. Appellant’s Br. at 11-12. Dixon
also alleges that, because his attorney was ineffective, his guilty plea was
therefore unknowing and involuntary. Id. at 11. Finally, Dixon asserts that
“counsel abandoned him during critical ten day period for guilty plea
withdrawal.” Id. at 12.
-3-
After reviewing the entire record on appeal, and carefully analyzing
Dixon’s legal claims, we conclude that the district court’s order dismissing
Dixon’s petition is a well-reasoned and thorough disposition of this matter.
Along with the incorporated portions of the magistrate judge’s report, the order
accurately sets forth the significant facts and correctly analyzes the applicable law
on each of the issues raised by Dixon. In his papers filed with this court, Dixon
has provided us with nothing which casts doubt on the district court’s disposition
of this matter. We therefore conclude, for substantially the same reasons as the
district court, that Dixon has failed to make “a substantial showing of the denial
of a constitutional right.” 28 U.S.C. § 2253(c)(2).
Although we GRANT Dixon’s request to proceed without the prepayment
of fees or costs, we DENY Dixon’s request for a certificate of appealability and
DISMISS his appeal.
ENTERED FOR THE COURT
Stephen H. Anderson
Circuit Judge
-4-