United States v. Demerson

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10307
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALBERT DEMERSON, III,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:97-CR-139-1-P
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December 13, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Albert Demerson, III, federal prisoner # 30222-077, appeals
from the denial of his motion for leave to file an out-of-time
motion to correct, set aside, or vacate a sentence pursuant to 28
U.S.C. § 2255. He failed to provide a substantial basis for his
motion in district court. He has also failed to establish a
substantial basis for his request for equitable tolling in this
court.
Accordingly, the district court’s denial of his motion for
leave to file an out-of-time motion pursuant to 28 U.S.C. § 2255
*
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that this opinion should not be published and is not precedent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. 00-10307
-2-
is AFFIRMED. The Government’s motion requesting issuance of a
certificate of appealability (“COA”) and Demerson’s motions
seeking COA and opposing the Government’s motion are DENIED.
AFFIRMED; MOTIONS DENIED.