United States v. Clayton , 46 F. App'x 954 ( 2002 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
SEP 26 2002
TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITES STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 01-7093
(D.C. No. 01-CV-106-P, 98-CR-25-1)
HAROLD GLEN CLAYTON, (E.D. Oklahoma)
Defendant - Appellant.
ORDER AND JUDGMENT *
Before EBEL, KELLY, and LUCERO, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties’ request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore
submitted without oral argument.
Appellant’s Apprendi claims are barred under United States v. Mora, 293
F.3d 1213 (10th Cir. 2002) and procedural bar. Appellant’s ineffective assistance
* This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. This 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.
of counsel claims were properly denied because of procedural bar, failure to show
either actual conflict of interest or prejudice, and because the claims are
conclusory and not supported in the record.
We have examined all of the claims raised by Appellant on appeal and find
that none of them have merit.
Accordingly, the district court order denying petitioner’s petition for relief
under 28 U.S.C. § 2255 is AFFIRMED.
ENTERED FOR THE COURT
David M. Ebel
Circuit Judge
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