Sacoman v. Williams, 10th Cir. (1998)
Sacoman v. Williams, 10th Cir. (1998)
Sacoman v. Williams, 10th Cir. (1998)
MAR 12 1998
PATRICK FISHER
Clerk
ERNIE SACOMAN,
Petitioner-Appellant,
v.
JOE WILLIAMS, Warden;
ATTORNEY GENERAL OF THE
STATE OF NEW MEXICO,
No. 97-2148
(D.C. No. CIV-96-128-JP)
(D. N.M.)
Respondents-Appellees.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore
ordered submitted without oral argument.
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Because the petition was filed before the effective date of the Antiterrorism
and Effective Death Penalty Act of 1996, no certificate of appealability is
necessary. See United States v. Kunzman, 125 F.3d 1363, 1364 n.2 (10th Cir.
1997). We, therefore, construe petitioners notice of appeal as requesting a
certificate of probable cause. See Fed. R. App. P. 22(b) (prior to amendment by
AEDPA).
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Robert H. Henry
Circuit Judge
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