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U.S. v. TONY

No. 09-2264.

637 F.3d 1153 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Brian Keith TONY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 17, 2011.

Attorney(s) appearing for the Case

Presiliano Torrez , David N. Williams , Office of the United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Brian Keith Tony , Florence, CO, pro se.

Before BRISCOE, Chief Circuit Judge, TACHA, and O'BRIEN, Circuit Judges.

ORDER DENYING CERTIFICATE OF APPEALABILITY AND DISMISSING CASE

O'BRIEN, Circuit Judge.*

Brian Keith Tony, a federal prisoner proceeding pro se1 and in forma pauperis, seeks to appeal from the district court's dismissal of his 28 U.S.C. § 2255 motion raising jurisdictional and double jeopardy issues. Because Tony's jurisdictional arguments are incorrect and he has otherwise failed to make...

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