U.S. v. CERVINI

No. 03-6144.

379 F.3d 987 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Albert CERVINI, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 11, 2004.


Attorney(s) appearing for the Case

Randal A. Sengel, Assistant United States Attorney (and Robert G. McCampbell, United States Attorney, on the brief), Oklahoma City, OK, for Plaintiff — Appellee.

Brian C. Southwell, Minneapolis, MN, for Defendant — Appellant.

Before KELLY, HOLLOWAY, and McCONNELL, Circuit Judges.


PAUL KELLY, Jr., Circuit Judge.

Defendant-Appellant Michael Cervini appeals from the district court's denial of his motion to vacate, 28 U.S.C. § 2255. Our jurisdiction arises under 28 U.S.C. § 2253(a) and, for the reasons stated below, we affirm.

Background

In December 1999, Defendant was charged in a two-count indictment with (1) shipping child pornography in interstate commerce, 18 U.S.C. § 2252A(a)(1); and (2) possession...

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