United States v. Deninno

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
OCT 15 1998
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 97-6347
(D.C. No. CIV-97-656-T &
BONARD RAY DENINNO, 93-CR-55-T)
(W.D. Okla.)
Defendant-Appellant.
ORDER AND JUDGMENT *
Before PORFILIO , KELLY , and HENRY , 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); 10th Cir. R. 34.1.9. The case is therefore
ordered submitted without oral argument.
*
This order and judgment is not binding precedent, except under the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.
Defendant filed a motion to vacate, set aside, or correct his sentence
pursuant to 28 U.S.C. § 2255. The district court denied the motion, and plaintiff
appeals. We construe plaintiff’s notice of appeal as an application for a
certificate of appealability. See Fed. R. App. P. 22(b). Because plaintiff has not
made a substantial showing of the denial of a constitutional right, see 28 U.S.C.
§ 2253(c)(2), we deny the request for a certificate of appealability. The appeal is
DISMISSED.
Entered for the Court
John C. Porfilio
Circuit Judge
-2-