IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-50894
USDC No. EP-95-CV-355
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GABRIEL ERNESTO GARCES
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
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March 24, 1997
Before KING, JOLLY, and DENNIS, Circuit Judges.
PER CURIAM:*
Gabriel Garces (# 63220-080) 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. Garces contends
that for several reasons, he should not have received a ten-year
mandatory minimum sentence pursuant to 21 U.S.C. §§ 952(a) and
960.
IT IS ORDERED that leave to appeal IFP is DENIED, because
Garces’ appeal lacks arguable merit and is therefore frivolous.
*
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that this opinion should not be published and is not precedent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. 95-50894
-2-
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.