Free USCA Mandate - District Court of Delaware - Delaware

` ~~ Case 1 :89-cr-00049-KAJ Document 600 Filed O3/O2/2005 Page 1 of 1 _
B1>s-129
January 21, 2005
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
N0. 04-2350
UNITED STATES OF AMERICA,
v.
ALEXIS TELESFORD,
Appellant
(D. Delaware Criminal No. 89-cr-00049-6) W
Present: RENDELL, FISHER and VAN ANTWERPEN, Circuit Judges
Submitted are:
(1) Appellant’s request for a certificate of appealability pursuant to 28 U.S.C. §
2253;
(2) By the Clerk is the within appeal for possible summary action under 3rd
Cir. LAR 27.4 and Chapter 10.6 of the Court’s Internal Operating
Procedures; and
(3) Appellee’s response to possible stunmary action; in the above·captioned
case.
Respectfully,
Clerk
MMW/JLR/je/par
ORDER
Petitioner’s request for a certificate of appealability is denied. Petitioner has not shown
that jurists of reason would find it debatable whether the District Court was correct in
denying his motion for relief pursuant to Federal Rule of Civil Procedure 60(b). Slack v.
McDaniel, 529 U.S. 473, 484 (2000). The District Court’s order denying Petitioner’s
motion to correct an illegal sentence under Federal Rule of Criminal Procedure 35 is
SUI1’lIIl &g`lI'I`I1€d. See United States v. Rivera, 376 F.3d 86, 92 (2d Cir. 2004).
C. ;/_ _ By the Court,
% ; ,._~ Q · »Zg? ——». 3
5 P Ma:¤taMi»¥r1r§zpy, r*» /s/ Marjorie O. Rendell
_ . J _ mdiil gi? jj Circuit Judge
Datcgdi ebruary 15,*2QOS
Par/662 MP. A:T_;§§R.G.A., Esq.