United States v. Smith ( 1998 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 97-10523
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    LONNIE CHARLES SMITH,
    Defendant-Appellant.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 2:94-CV-21
    - - - - - - - - - -
    May 18, 1998
    Before JOLLY, BENAVIDES and PARKER, Circuit Judges.
    PER CURIAM:*
    Lonnie Charles Smith appeals the denial of his motion to
    vacate, set aside, or correct sentence by a person in federal
    custody, filed pursuant to 28 U.S.C. § 2255.   Smith has failed to
    argue all of the claims set forth in his original motion, thereby
    abandoning them on appeal.   See Yohey v. Collins, 
    985 F.2d 222
    ,
    224-25 (5th Cir. 1993).   In his appeal brief, Smith argues claims
    that were not properly brought before the district court.   We
    decline to review claims raised for the first time on appeal from
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined
    that this opinion should not be published and is not precedent
    except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    No. 97-10523
    -2-
    the denial of a § 2255 motion.   See United States v. Cervantes,
    
    132 F.3d 1106
    , 1109 (5th Cir. 1998).
    AFFIRMED.
    

Document Info

Docket Number: 97-10523

Filed Date: 5/25/1998

Precedential Status: Non-Precedential

Modified Date: 12/21/2014