Green v. United States ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-60133
Summary Calendar
ROY GREEN,
Plaintiff-Appellant,
versus
UNITED STATES OF AMERICA,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 3:96-CV-241 B
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February 3, 1998
Before KING, HIGGINBOTHAM and DAVIS, Circuit Judges.
PER CURIAM:*
Roy Green seeks a certificate of appealability (COA) in his
appeal from the denial of a motion filed pursuant to 28 U.S.C.
§ 2255. Green’s allegations that his conviction cannot be
sustained in light of Bailey v. United States, 116 S. Ct. 501*
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that this opinion should not be published and is not precedent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. 97-60133
-2-
(1995); that the trial court failed to instruct the jury
properly; and that he was denied the effective assistance of
trial counsel and appellate counsel do not rise to a "substantial
showing of the denial of a constitutional right." 28 U.S.C.
§ 2253(c)(2); Drinkard v. Johnson, 97 F.3d 751, 755 (5th Cir.
1996), cert. denied, 117 S. Ct. 1114 (1997). Accordingly, a COA
is DENIED.
Motion for in forma pauperis is also DENIED.