UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

ANTHONY TAYLOR,

Defendant-Appellant.

No. 97-3301

(D.C. No. 95-CR-10033

&

97-3331-MLB)

(D. Kan.)

ORDER AND JUDGMENT*

Before TACHA, LOGAN, and LUCERO, Circuit Judges.

Defendant seeks review of the district court's order denying his motion to modify, vacate, or set aside his sentence pursuant to 28 U.S.C. § 2255.1 Before defendant may proceed on appeal, however, he must secure a certificate of appealability from this court, which requires "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Based upon our review of the record as a whole, we conclude that defendant has failed to make such a showing.

Defendant's motion to file a reply brief is GRANTED, with the exception of those attachments to the brief that were not before the district court. Defendant's application for a certificate of appealability is DENIED, and the appeal is DISMISSED.

The mandate shall issue forthwith.

ENTERED FOR THE COURT

Carlos F. Lucero

Circuit Judge