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U.S. v. GARFINKLE

No. 00-4156.

261 F.3d 1030 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Paul GARFINKLE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 22, 2001.

Attorney(s) appearing for the Case

J. David Bogenschutz of Bogenschutz & Dutko, P.A., Fort Lauderdale, Florida, for Defendant-Appellant.

Paul M. Warner, United States Attorney; Wayne T. Dance, Assistant United States Attorney, Chief Appellate Section, Salt Lake City, Utah, for Plaintiff-Appellee.

Before SEYMOUR and McKAY, Circuit Judges, and BRORBY, Senior Circuit Judge.

McKAY, Circuit Judge.

Paul Garfinkle appeals from the district court's order adopting the recommendation of the magistrate judge in this case and dismissing appellant's petition to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255.1 Our jurisdiction over this appeal arises from 28 U.S.C. § 2253(a). "We review the district court's legal rulings on a § 2255 motion de novo and its findings of fact for...

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