United States v. Martinez ( 1997 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 96-10041
    USDC No. 3:95-CV-950-H
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    CESAR OMAR MARTINEZ,
    a/k/a Jose Sanchez,
    a/k/a La Cotorra,
    Defendant-Appellant.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Northern District of Texas
    - - - - - - - - - -
    January 15, 1997
    Before HIGGINBOTHAM, WIENER and BENAVIDES, Circuit Judges.
    PER CURIAM:*
    Cesar Martinez (federal inmate #23582-077) has applied to
    this court for leave to appeal in forma pauperis (IFP) from the
    district court’s denial of his 
    28 U.S.C. § 2255
     motion to vacate.
    Martinez contends that he is entitled to relief on grounds (1) of
    incorrect applications of the Sentencing Guidelines, and (2) that
    his guilty plea was induced by his counsel’s false promise and
    *
    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    that this opinion should not be published and is not precedent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. 96-10041
    - 2 -
    incorrect advice concerning the sentence he would receive.
    IT IS ORDERED that leave to appeal IFP is DENIED, because
    Martinez’s appeal lacks arguable merit and is therefore
    frivolous.   See Howard v. King, 
    707 F.2d 215
    , 219-20 (5th Cir.
    1983).   Because the appeal is frivolous, IT IS FURTHER ORDERED
    that the appeal is DISMISSED.   See 5th Cir. R. 42.2.
    If this court were to hold that a certificate of
    appealability (COA) is required in a case such as this, COA would
    be denied.   See 
    28 U.S.C. § 2253
    (c).
    IFP DENIED; APPEAL DISMISSED.
    

Document Info

Docket Number: 96-10041

Filed Date: 1/22/1997

Precedential Status: Non-Precedential

Modified Date: 12/21/2014