United states court of appeals for the tenth circuit raymundo romero



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FILED
United States Court of Appeals
Tenth Circuit

JAN 23 2003

PATRICK FISHER
Clerk





UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT


RAYMUNDO ROMERO,
Petitioner - Appellant,
v.
LENORA JORDAN, Warden,
Respondent - Appellee.

No. 02-6058

D.C. No. CIV-01-864-R

(W.D. Oklahoma)




ORDER AND JUDGMENT*

Before HENRY, BRISCOE, and MURPHY, Circuit Judges.



After examining the briefs and 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 Raymundo Romero appeals from the district court’s order denying his petition for a writ of habeas corpus. In order for Mr. Romero to proceed on appeal, we must grant him a certificate of appealability (COA). 28 U.S.C. § 2253(c)(1)(A). A COA will only issue “if the applicant has made a substantial showing of the denial of a constitutional right.” Id. § 2253(c)(2). Upon consideration, we deny a COA and dismiss this appeal.

Mr. Romero makes two basic arguments in support of his entitlement to a COA. First, he argues that Stone v. Powell, 428 U.S. 465 (1976) does not bar consideration of his Fourth Amendment claims on habeas review. Second, he contends that he raised a Fifth Amendment-based claim under Miranda v. Arizona, 384 U.S. 436 (1966) that was not barred by Stone and should have been considered by the district court.

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