UNITED STATES COURT OF APPEALS
Filed 10/9/96
TENTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
vs. No. 96-1178
(D.C. No. 95-M-3163)
THOMAS FRANK DISTEFANO, (D. Colo.)
Defendant-Appellant.
ORDER AND JUDGMENT*
Before SEYMOUR, Chief Judge, KELLY, and LUCERO, Circuit Judges.**
Mr. Distefano moved to vacate his sentence pursuant to 28 U.S.C. § 2255 and
sought the return of forfeited property on double jeopardy grounds. We have reviewed
the district court’s order, which is further supported by United States v. Ursery, 116 S. Ct.
2135 (1996) and our decision in United States v. German, 76 F.3d 315 (10th Cir. 1996),
and find no reversible error. We deny Mr. Distefano a certificate of appealability now
*
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. This 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.
**
After examining the briefs and the appellate record, this three-judge panel has
determined unanimously that oral argument would not be of material assistance in 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.
required by statute and dismiss the appeal for want of a “substantial showing of the denial
of a constitutional right.” See 28 U.S.C. § 2253(c)(1)(B), (2); Lennox v. Evans, 87 F.3d
431, 433-34 (10th Cir. 1996).
APPEAL DISMISSED. The mandate shall issue forthwith.
Entered for the Court
Paul J. Kelly, Jr.
Circuit Judge
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