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U.S. v. APKER

No. 96-2384.

101 F.3d 75 (1996)

UNITED STATES of America, Appellee, v. Gary APKER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 6, 1996.

Attorney(s) appearing for the Case

Michael T. Levy, Omaha, NE, for appellant.

Daniel Alan Morris and Michael G. Heavican, U.S. Attorneys, Omaha, NE, for appellee.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

A certificate of appealability is not available to the petitioner in this case because petitioner is not asserting the denial of a constitutional right. See Hohn v. United States, 99 F.3d 892 (8th Cir. 1996) (per curiam). We are therefore obligated to deny the certificate.

HENLEY, Senior Circuit Judge, concurring in the result.

I join in the decision of the panel...

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