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U.S. v. VARGAS

No. 03-3105.

415 F.3d 23 (2005)

UNITED STATES of America, Appellee v. Michael Angelo VARGAS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

July 12, 2005.

Attorney(s) appearing for the Case

Barbara J. Valliere, Assistant U.S. Attorney, Roy Wallace McLeese, III, Assistant U.S. Attorney, John Robert Fisher, Assistant U.S. Attorney, Lisa Hertzer Schertler, Assistant U.S. Attorney, U.S. Attorney's Office, Washington, DC, for Appellee.

Kenneth L. Wainstein, U.S. Attorney, U.S. Attorney's Office, Cheryl Denise Stein, Law Office of Cheryl D. Stein, Washington, DC, for Appellant.

Before: EDWARDS and RANDOLPH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion PER CURIAM.

PER CURIAM.

In his petition for rehearing, Vargas asks for an opportunity to submit a brief on the question whether he needed a certificate of appealability under 28 U.S.C. § 2253(c)(1) in order to appeal the district court's denial of his motion under Rule 60(b) of the Federal Rules of Civil Procedure. We see no reason to doubt our holding that he did need a certificate and that he was not entitled to one. After our decision the Supreme...

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