IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-10845
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAVIER SOTO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:96-CV-272-A
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December 3, 1996
Before GARWOOD, JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Javier Soto appeals the district court’s denial of his
motion pursuant to 28 U.S.C. § 2255. Soto argues that his
sentence improperly was enhanced pursuant to U.S.S.G. § 2D1.1 for
possession of weapons in connection with his drug-trafficking
offenses. For essentially the reasons set forth by the district
court, the appeal is AFFIRMED. See United States v. Soto, No.
4:96-CV-272-A (N.D. Tex. July 2, 1996).
*
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that this opinion should not be published and is not precedent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. 96-10845
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This court has not yet determined whether a certificate of
appealability (“COA”) is required under the circumstances of this
appeal. See 28 U.S.C. § 2253. To the extent that a COA is
required, Soto’s notice of appeal is construed as an application
for a COA and the motion is DENIED.