Tyrone K. Harris v. United States

OPINION

MERRITT, Circuit Judge.

In the instant § 2255 case, the petitioner timely filed on November 5, 1997, a notice of appeal from the District Court’s October 23, 1997, partial denial of a certificate of appeala-bility. The petitioner did not file a separate notice of appeal from the District Court’s September 23, 1997, order denying the § 2255 petition on the merits. The question before us is whether such a notice of appeal, referring only to the certificate, is sufficient to appeal the underlying judgment denying the § 2255 petition. We find that it is.

Rule 3(e) of the Federal Rules of…