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United States v. Suarez, 10th Cir. (2006)
United States v. Suarez, 10th Cir. (2006)
No. 06-3014
(D.C. Nos. 05-CV-3366-JW L and
03-CR-20085-JW L)
(D . Kan.)
v.
JUA N SUAR EZ,
Defendant-Appellant.
After examining appellants brief and the 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)(2) and 10th Cir. R.
34.1(G ). 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Order and Judgment is not binding precedent, except under the doctrines of law of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.
The district court did not act on the issue of CO A. Under our Emergency
General Order of October 1, 1996, we deem the district courts failure to issue a
COA within thirty days after filing of the notice of appeal as a denial of a
certificate. See, e.g., United States v. Kennedy, 225 F.3d 1187, 1193 n.3 (10th
Cir. 2000).
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David M . Ebel
Circuit Judge