United States of America, Plaintiff-appellee, v. Marvin M. Smith, Defendant-appellant, 120 F.3d 271 (10th Cir. 1997)

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US Court of Appeals for the Tenth Circuit - 120 F.3d 271 (10th Cir. 1997) July 29, 1997

Before SEYMOUR, Chief Judge, PORFILIO and MURPHY, Circuit Judges.


Marvin M. Smith attempts to appeal from an order denying relief under 28 U.S.C. § 2255. The matter is before us upon an application for a certificate of appealability. Having examined Mr. Smith's brief and the record before us, we conclude the district court did not err. Therefore, Mr. Smith has failed to demonstrate the issues raised in his appeal are debatable among jurists; that a court could resolve the issues differently; or that the questions deserve further proceedings. The certificate of appealability is DENIED and the appeal is DISMISSED. 28 U.S.C. § 2253(c) (2); Lennox v. Evans, 87 F.3d 431 (10th Cir. 1996).