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U.S. v. DELARIO

No. 97-50022 Summary Calendar.

120 F.3d 580 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. John Charles DELARIO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 29, 1997.

Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Atty., San Antonio, TX, for Plaintiff-Appellee.

John Charles Delario, Fort Dix, NJ, pro se.

Before WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

John Charles DeLario, proceeding pro se, appeals the district court's denial of his 28 U.S.C. § 2255 petition and requests that we grant a certificate of appealability ("COA") authorizing the appeal under 28 U.S.C. § 2253. Because we find that DeLario has failed to make a substantial showing of the denial of a constitutional right, we deny his request and dismiss the appeal.

I

A jury convicted DeLario of...

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