IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-11036
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HOWARD LEE CARPENTER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:95-CV-744-A
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August 21, 1996
Before KING, DUHÉ, and DeMOSS, Circuit Judges.
PER CURIAM:*
Howard Lee Carpenter, #13516-075, appeals the district
court’s dismissal of his 28 U.S.C. § 2255 motion. Carpenter’s
challenge to the fine portion of his sentence is not within the
scope of § 2255 because it raises a nonconstitutional issue that
could have been raised on direct appeal. United States v.
Segler, 37 F.3d 1131, 1135 (5th Cir. 1994); United States v.
Capua, 656 F.2d 1033, 1037 (5th Cir. 1981). Carpenter’s
*
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that this opinion should not be published and is not precedent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. 95-11036
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contention that his trial counsel failed to follow his direction
to file a direct appeal will not be considered because it is
raised for the first time in Carpenter’s reply brief. See United
States v. Prince, 868 F.2d 1379, 1386 (5th Cir.), cert. denied,
493 U.S. 932 (1989).
AFFIRMED.