John M. Migliaccio, M.d.; Bert M. Avery, M.d., Petitioners-appellants, v. United States of America, Respondent-appellee, 38 F.3d 1220 (10th Cir. 1994)

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US Court of Appeals for the Tenth Circuit - 38 F.3d 1220 (10th Cir. 1994) Oct. 24, 1994

ORDER AND JUDGMENT1 

Before SEYMOUR, Chief Judge, McKAY and BALDOCK, Circuit Judges.2 


Petitioners John G. Migliaccio and Bert M. Avery attempted to file various 28 U.S.C. 2255 motions to vacate their sentences while their direct appeals were pending with this Court. The district court properly dismissed these motions. See United States v. Cook, 997 F.2d 1312, 1319 (10th Cir. 1993) ("Absent extraordinary circumstances, the orderly administration of criminal justice precludes a district court from considering a 2255 motion while review of the direct appeal is still pending."). On September 7, 1994, this Court decided Petitioners' direct appeals. United States v. Migliaccio, --- F.3d ---, 1994 U.S.App. Lexis 24278 (10th Cir. Sept. 7, 1994). This appeal is dismissed as moot.

 1

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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 the court's General Order filed November 29, 1993. 151 F.R.D. 470

 2

Both parties waived oral argument. This case is therefore ordered submitted on the briefs

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