F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
MAY 1 1997
TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
No. 96-3195
v.
(D.C. No. 96-CV-3160)
(District of Kansas)
JESUS ACOSTA ACEVEDA,
Defendant - Appellant.
ORDER *
Before TACHA, BALDOCK and LUCERO, Circuit Judges.
Appellant, Jesus Acosta-Aceveda, requests the grant of a certificate
of appealability to review the effectiveness of his counsel at trial. We have
reviewed the record and briefs submitted by appeallant in their entirety and
conclude that he has not made a substantial showing of the denial of his
constitutional rights to effective assistance of counsel.
*
The case is unanimously ordered submitted without oral argument pursuant to
Fed. R. App. P. 34(a) and 10th Cir. R. 34.1.9. This order is not binding precedent, except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; nevertheless, an order may be cited under the
terms and conditions of 10th Cir. R. 36.3.
Having concluded that he has not made the necessary showing to obtain a
certificate of appealability under 28 U.S.C. § 2253(c)(1), we DENY the grant of a
certificate of appealability, and DECLINE to review the merits of the judgment of
the district court.
ENTERED FOR THE COURT
Carlos F. Lucero
Circuit Judge
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