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U.S. v. MIKELS

No. 98-16479.

236 F.3d 550 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Marshall E. MIKELS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 5, 2001.

Attorney(s) appearing for the Case

Hugo Torbet, San Francisco, California, for the defendant-appellant.

George S. Cardona, Assistant U.S. Attorney, San Francisco, California, for the plaintiff-appellee.

Before: Andrew J. KLEINFELD, A. Wallace TASHIMA, and Marsha S. BERZON, Circuit Judges.

Submitted June 16, 20001 — San Francisco, California.

KLEINFELD, Circuit Judge:

The issue in this case is one of habeas corpus procedure, where no certificate of appealability has been issued.

Facts.

Mikels was convicted of bank fraud. His sentence included an order that he make restitution to the bank. He appealed other aspects of the case, but not the restitution...

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