UNITED STATES COURT OF APPEALS
Filed 3/19/96
FOR THE TENTH CIRCUIT
_______________
UNITED STATES OF AMERICA, )
)
Plaintiff-Appellee, )
) No. 95-2244
v. ) (D.C. No. CIV-95-586-JC)
) (D. New Mexico)
CARLTON LEE HUGHES, )
)
Defendant-Appellant. )
_______________
ORDER AND JUDGMENT1
________________
Before PORFILIO, MCKAY, and KELLY, 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 cause is therefore ordered submitted
without oral argument.
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This order and judgment is not binding precedent, except under the doctrines of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 10th Cir. R. 36.3.
This is an appeal from the denial of a motion to vacate or set
aside a sentence under 28 U.S.C. § 2255. The district court adopted
the findings and recommendations of a magistrate judge which
recommended dismissal.
After reviewing the briefs, we conclude the district court did
not err. We AFFIRM the judgment of the district court substantially
for the reasons set forth in the findings and recommendations of the
magistrate judge.
Entered for the Court
John C. Porfilio
Circuit Judge
2