United States v. Taylor

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JUN 22 1998
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 97-3301
(D.C. No. 95-CR-10033
ANTHONY TAYLOR, &
97-3331-MLB)
Defendant-Appellant. (D. Kan.)
ORDER AND JUDGMENT *
Before TACHA , LOGAN , and LUCERO , Circuit Judges.
Defendant seeks review of the district court’s order denying his motion to
modify, vacate, or set aside his sentence pursuant to 28 U.S.C. § 2255. 1
Before
defendant may proceed on appeal, however, he must secure a certificate of
appealability from this court, which requires “a substantial showing of the denial
*
This order and judgment is not binding precedent, except under the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.
1
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); 10th Cir. R. 34.1.9. The case is therefore
ordered submitted without oral argument.
of a constitutional right.” 28 U.S.C. § 2253(c)(2). Based upon our review of the
record as a whole, we conclude that defendant has failed to make such a showing.
Defendant’s motion to file a reply brief is GRANTED, with the exception
of those attachments to the brief that were not before the district court.
Defendant’s application for a certificate of appealability is DENIED, and the
appeal is DISMISSED.
The mandate shall issue forthwith.
ENTERED FOR THE COURT
Carlos F. Lucero
Circuit Judge
-2-