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  • United States v. Sistrunk, 10th Cir. (1997)

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    Lewis Sistrunk appealed the denial of his motion under 28 U.S.C. § 2255, contending he received ineffective assistance of counsel. The United States Court of Appeals for the Tenth Circuit denied Sistrunk's request for a certificate of appealability, agreeing with the district court that Sistrunk failed to raise any issues that were debatable among jurists or that deserved further proceedings. The appeal was subsequently dismissed.

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    Filed: 1997-04-24 Precedential Status: Precedential Docket: 96-3418

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    Lewis Sistrunk appealed the denial of his motion under 28 U.S.C. § 2255, contending he received ineffective assistance of counsel. The United States Court of Appeals for the Tenth Circuit denied Sistrunk's request for a certificate of appealability, agreeing with the district court that Sistrunk failed to raise any issues that were debatable among jurists or that deserved further proceedings. The appeal was subsequently dismissed.

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    6 views2 pages

    United States v. Sistrunk, 10th Cir. (1997)

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    Scribd Government Docs
    Lewis Sistrunk appealed the denial of his motion under 28 U.S.C. § 2255, contending he received ineffective assistance of counsel. The United States Court of Appeals for the Tenth Circuit denied Sistrunk's request for a certificate of appealability, agreeing with the district court that Sistrunk failed to raise any issues that were debatable among jurists or that deserved further proceedings. The appeal was subsequently dismissed.

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    of 2

    F I L E D

    UNITED STATES COURT OF APPEALS


    TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    APR 24 1997

    PATRICK FISHER
    Clerk

    UNITED STATES OF AMERICA,


    v.

    Plaintiff-Appellee,

    No. 96-3418
    (D.C. No. 96-3420-EEO)
    (District of Kansas)

    LEWIS L. SISTRUNK,
    Defendant-Appellant.

    ORDER
    Before SEYMOUR, Chief Judge, PORFILIO, Circuit Judge, and MURPHY, Circuit
    Judge.

    Contending he was denied effective assistance of counsel, Lewis Sistrunk attempts


    to appeal the denial of his motion under 28 U.S.C. 2255. The case is pending before us
    upon an application for a certificate of appealability. See 28 U.S.C. 2253(c). After
    review of his briefs and the record, we conclude, substantially for the reasons set forth by
    the district court in denying the relief requested, Mr. Sistrunk has failed to raise issues
    that are debatable among jurists, or that a court could resolve the issues differently, or that
    the questions deserve further proceedings. The certificate of appealability is DENIED

    and the appeal is DISMISSED. 28 U.S.C. 2253(c)(2); Lennox v. Evans, 87 F.3d 431
    (10th Cir. 1996). The mandate shall issue forthwith.
    ENTERED FOR THE COURT

    John C. Porfilio
    Circuit Judge

    -2-

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