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NELSON v. U.S.

No. 15-3160.

868 F.3d 636 (2017)

Keith D. NELSON, Movant-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 19, 2017.

Attorney(s) appearing for the Case

Paula K. Harms , Asst. Fed. Public Defender, Phoenix, AZ, David A. Ruhnke , Ruhnke & Barrett, Montclair, NJ ( Jon M. Sands , Fed. Public Defender, Phoenix, AZ, on the petition), for appellant.

Lajuana M. Counts , Jeffrey E. Valenti , Asst. U.S. Attys., Kansas City, MO ( Thomas M. Larson , Acting U.S. Atty., on the response), for appellee.

Before SMITH, Chief Judge, WOLLMAN, and COLLOTON, Circuit Judges.

ORDER

Keith Nelson's petition for panel rehearing filed December 15, 2016, has been considered by the panel and is granted. The petition for rehearing en banc is dismissed as moot.

Nelson's petition argues that the panel's order of September 15, 2016, applied an incorrect legal standard in evaluating his application for a certificate of appealability. We reject this contention. The order's language, which is standard text used by this court in denying an...

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