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U.S. v. SIMMONDS

No. 96-3287.

111 F.3d 737 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher SIMMONDS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 14, 1997.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Jackie N. Williams, United States Attorney, District of Kansas; Tanya J. Treadway, Assistant United States Attorney, District of Kansas; David S. Kris, Department of Justice, Washington, DC, for Plaintiff-Appellee.

Michael G. Katz, Federal Public Defender; James P. Moran, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant.

Before BRORBY, HENRY and MURPHY, Circuit Judges.

BRORBY, Circuit Judge.

Mr. Simmonds, a federal prisoner, appeals the United States District Court for the District of Kansas' denial of his motion for post-conviction relief pursuant to 28 U.S.C. § 2255. On appeal, we consider four issues: 1) whether this court should rule on a prisoner's application for a certificate of appealability pursuant to 28 U.S.C. § 2253(c) before requiring the government to file a brief on the appeal's merits; 2) whether 28 U.S...

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