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U.S. v. MILLER

No. 09-6153.

594 F.3d 1240 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Marcus Rusell MILLER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 9, 2010.

Attorney(s) appearing for the Case

Submitted on the briefs:* Marcus Rusell Miller, pro se.

Susan Dickerson Cox, Assistant U.S. Attorney (Robert J. Troester, Acting United States Attorney, on the briefs), Oklahoma City, OK, for Defendant-Appellant.

Before KELLY, BRISCOE, and HOLMES, Circuit Judges.

KELLY, Circuit Judge.

Defendant-Appellant Marcus R. Miller, a state inmate proceeding pro se, appeals from the district court's dismissal with prejudice of his petition, styled as a petition for a writ of nunc pro tunc. Mr. Miller is currently serving a state sentence in the custody of the Oklahoma Department of Corrections (ODOC), 1 R. Doc. 28, upon the completion of which he will begin a federal sentence of 60 months in prison for conspiracy to defraud the United...

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