UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ALAN JOSEPH ROCKFORD,

Defendant - Appellant.	No. 01-6114

(D.C. No. CIV-00-2065-A)

(W.D. Okla.)

ORDER AND JUDGMENT*

Before EBEL, KELLY and LUCERO, Circuit Judges.

Alan Rockford pleaded guilty to various crimes and was sentenced to 240 months' imprisonment. We upheld his sentence on direct appeal in United States v. Rockford, No. 92-6265, 1993 WL 96897 (10th Cir. Mar. 31, 1993). In 2000, Rockford filed this motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence under Apprendi v. New Jersey, 530 U.S. 446 (2000).1 The district court denied the motion, holding that it was either barred by the one-year statute of limitations in § 2255 or it was meritless, as Rockford's sentence fell within the applicable statutory maximum.

Without a certificate of appealability, we lack jurisdiction over this appeal. See 28 U.S.C. § 2253(c). For substantially the reasons stated by the district court, we hold that Rockford has not made a substantial showing of the denial of a constitutional right. We therefore DENY a certificate of appealability and DISMISS this appeal. We also DENY Rockford's motion for leave to proceed on appeal without prepayment of costs or fees.

ENTERED FOR THE COURT

David M. Ebel

Circuit Judge