United States v. Fabiano

ORDER AND JUDGMENT *

HENRY, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously to grant the parties’ request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Defendant-appellant John Fabiano appeals the district court’s decision to deny him relief pursuant to his motion to vacate, set aside, or correct his sentence, filed under 28 U.S.C. § 2255. Following a hearing at which his trial attorney testified, the district court denied Mr.…