F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
DEC 17 1998
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 97-6248
(D.C. No. CIV-97-947-R)
RICHARD JOHN INGRAM, (W.D. Okla.)
Defendant-Appellant.
ORDER AND JUDGMENT *
Before BRORBY , BRISCOE , and LUCERO , 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)(2); 10th Cir. R. 34.1.9. The case is
therefore ordered submitted without oral argument.
*
This order and judgment is not binding precedent, except under the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.
Petitioner Richard John Ingram seeks to appeal from the district court’s
denial of his motion to vacate, set aside, or correct his sentence, filed pursuant to
28 U.S.C. § 2255. The district court denied the § 2255 motion as untimely filed,
applying United States v. Simmonds , 111 F.3d 737 (10th Cir. 1997). The district
court also denied petitioner’s request for a certificate of appealability, required by
28 U.S.C. § 2253 before this court can consider his appeal. Petitioner reurges his
request before this court.
After careful consideration of petitioner’s arguments on appeal, we
conclude that he has not made a substantial showing that the district court’s
decision denied him a constitutional right. See id. Accordingly, petitioner’s
request for a certificate of appealability is denied, and this appeal is dismissed.
The mandate shall issue forthwith.
Entered for the Court
Wade Brorby
Circuit Judge
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