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U.S. v. HOLLIS

No. 07-3293.

552 F.3d 1191 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Jack HOLLIS, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 6, 2009.

Attorney(s) appearing for the Case

Submitted on the briefs:* Melanie S. Morgan, Morgan Pilate LLC, Olathe, KS, for Defendant-Appellant.

Eric F. Melgren, United States Attorney, James A. Brown, Assistant United States Attorney, Topeka, KS, for Plaintiff-Appellee.

Before O'BRIEN, McCONNELL and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

We granted a certificate of appealability (COA) to determine whether the district court erred in dismissing Gary Jack Hollis's claim that his criminal sentence should be vacated pursuant to 28 U.S.C. § 2255. He claims that his appellate attorney provided constitutionally ineffective assistance of counsel by failing to contest his sentence under the holding of Apprendi v. New Jersey, 530 U.S. 466

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