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MARMOLEJO v. U.S.

No. 98-2545.

196 F.3d 377 (1999)

Domingo MARMOLEJO, Plaintiff-Appellant, v. UNITED STATES OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 10, 1999.

Attorney(s) appearing for the Case

Domingo Marmolejo, Loretto, PA, plaintiff-appellant pro se.

Christopher Paul Tuite, Assistant United States Attorney, Rochester, N.Y. (Denise E. O'Donnell, United States Attorney, Western District of New York), for defendant-appellee.

Before: FEINBERG, CALABRESI and SOTOMAYOR, Circuit Judges.

PER CURIAM.

Plaintiff-appellant Domingo Marmolejo moves for a certificate of appealability allowing him to challenge an order of the United States District Court for the Western District of New York (Arcara, J.) denying his motion to vacate his sentence and conviction. The motion for a certificate of appealability in that action was filed with a notice of appeal in a separate forfeiture case. We hold that the motion for a...

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