UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 96-31244
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
GINO A. SEVERIN,
Defendant-Appellant.
Appeal from the United States District Court
For the Eastern District of Louisiana
(92-CR-588-H)
July 29, 1997
Before HIGGINBOTHAM, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:1
Gino A. Severin, federal prisoner #23075-034, pleaded guilty
to possession with intent to distribute in excess of one kilogram
of cocaine. He filed several motions under 28 U.S.C. § 2255 the
latest of which was denied by the district court and from which he
now appeals. He did not request a certificate of appealability
1
Pursuant to 5TH CIR. R. 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opinion should not be published and is not precedent except under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 5TH CIR. R. 47.5.4.
from the district court and it did not sua sponte consider whether
one should issue. He has moved this Court for a certificate of
appealability. We have held that the initial decision concerning
certificates of appealability must be made by the district court.
United States v. Youngblood, (Docket Number 97-30319), 1997 WL
355356 (5th Cir. LA). Accordingly, we remand this case to the
district court for the limited purpose of considering, in
accordance with Federal Rule of Appellate Procedure 22(b) and §
2253(c)(3), whether a certificate of appealability should issue.
REMANDED.
2