United States v. Eley ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-30616
Conference Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
versus
JUNIOR LEE ELEY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. CA-95-1081
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April 19, 1996
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Appellant appeals from the district court's order denying
his motion for relief under 28 U.S.C. § 2255. He argues only
that the district court erred in applying an enhancement under
U.S.S.G. § 4B1.1, career offender, rather than apply § 4B1.4,
armed career criminal.
We have reviewed the argument and the record and perceive no
reversible error. Eley’s challenge to the district court’s
application of the Guidelines is not cognizable in § 2255 because
a district court’s technical application of the Guidelines does
not give rise to a constitutional issue. United States v.
Vaughn, 955 F.2d 367, 368 (5th Cir. 1992).
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-30616
-2-
AFFIRMED.