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U.S. v. MOJICA-FABIAN

No. 10-3241.

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. GERARDO MOJICA-FABIAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed January 27, 2011.

ORDER DENYING CERTIFICATE OF APPEALABILITY*

NEIL M. GORSUCH, Circuit Judge.

After Gerardo Mojica-Fabian lost a 28 U.S.C. § 2255 motion seeking relief from his federal drug convictions, he failed to seek leave to appeal the district court's judgment in a timely fashion. Instead, he filed a Fed. R. Civ. P. 60(b) motion asking the district court to reconsider its decision. Concluding that Mr. Mojica-Fabian's Rule 60...

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