UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

DARREL JOSEPH GOURLEY,
Petitioner - Appellant,	No. 99-3158
v.	(D.C. No. 95-CV-3481-DES)
DAVID MCKUNE, Warden, and ATTORNEY GENERAL OF KANSAS,	(D. Kan.)
Respondents - Appellees.

ORDER AND JUDGMENT*

Before TACHA, McKAY, and MURPHY, Circuit Judges.

After examining the briefs 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); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Petitioner-Appellant Darrel Joseph Gourley, appearing pro se, appeals the order of the district court denying his petition for writ of habeas corpus under 28 U.S.C. § 2254. As a preliminary matter, Appellees raise an issue of timeliness in filing the notice of appeal. We conclude that Mr. Gourley's appeal is timely and that we have jurisdiction pursuant to Smith v. Barry, 502 U.S. 244, 248-49 (1992).

Mr. Gourley is currently serving sentences of life for first degree murder, fifteen years to life for aggravated burglary, and nine years to life for felony theft as a result of 1977 convictions in state court. In his habeas petition before the district court, Mr. Gourley raised seven different claims of constitutional violation that occurred in the course of his trial in the state court system. After considering and rejecting each claim, the district court denied Mr. Gourley's petition. This appeal followed, raising essentially the same constitutional claims.

After review, we conclude that the district court's decision is correct on the law and is fully supported by the record.

We DENY the certificate of appealability and AFFIRM for the reasons set forth in the district court's Memorandum and Order.

Entered for the Court

Monroe G. McKay

Circuit Judge