IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30347
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
FRANKLIN B. ROBINSON,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Louisiana
(95-CV-1448)
_________________________________________________________________
January 6, 1997
Before KING, JOLLY, and PARKER, Circuit Judges.
PER CURIAM:*
Franklin B. Robinson, federal prisoner #08390-035, appeals
from the district court’s denial of his motion to vacate, set
aside, or correct his sentence pursuant to 28 U.S.C. § 2255.
Franklin argues that 1) the evidence was insufficient to support
his conspiracy conviction; 2) his grand and petit juries were not
selected from a fair cross-section of the community;
*
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that this opinion should not be published and is not precedent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.
3) the district court erred in admitting the out-of-court
statements of his coconspirator; 4) the district court violated
Fed. R. Crim. P. 32 at sentencing; 5) the district court failed
to give a jury instruction on Robinson’s defense;
6) prosecutorial misconduct occurred during the grand jury
proceedings and at trial; and 7) Robinson received ineffective
assistance of counsel at trial and on appeal.
We have reviewed the record and find no reversible error.
Accordingly, the judgment is AFFIRMED for essentially the reasons
adopted by the district court. See United States v. Robinson,
No. 95-CV-1448 (W.D. La. Mar. 26, 1996). 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).
AFFIRMED.
2