UNITED STATES of America, Appellee, v. Gary APKER, Appellant, 101 F.3d 75

MORRIS SHEPPARD ARNOLD, Circuit Judge. A certificate of appealability is not available to the petitioner in this case because petitioner is not asserting the denial of a constitutional right. See Hohn v. United States, 99 F.3d 892 (8th Cir.1996) (per curiam). We are therefore obligated to deny the certificate.