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PAYNE v. U.S.

No. 08-12944 Non-Argument Calendar.

566 F.3d 1276 (2009)

Gerald PAYNE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 7, 2009.

Attorney(s) appearing for the Case

Gerald Payne, Rochester, MN, pro se.

Susan Hollis Rothstein-Youakim, Tampa, FL, for U.S.

Before BLACK, MARCUS and PRYOR, Circuit Judges.

PER CURIAM:

Gerald Payne, a federal prisoner proceeding pro se, appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. Payne v. United States, 546 F.Supp.2d 1312 (M.D.Fla.2008). We granted a certificate of appealability on the issue of "[w]hether appellate counsel was ineffective for failing to argue that the trial court erred by enhancing appellant...

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