Green v. United States

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-60133 Summary Calendar ROY GREEN, Plaintiff-Appellant, versus UNITED STATES OF AMERICA, Defendant-Appellee. - - - - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:96-CV-241 B - - - - - - - - - - - - February 3, 1998 Before KING, HIGGINBOTHAM and DAVIS, Circuit Judges. PER CURIAM:* Roy Green seeks a certificate of appealability (COA) in his appeal from the denial of a motion filed pursuant to 28 U.S.C. § 2255. Green’s allegations that his conviction cannot be sustained in light of Bailey v. United States, 116 S. Ct. 501 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 97-60133 -2- (1995); that the trial court failed to instruct the jury properly; and that he was denied the effective assistance of trial counsel and appellate counsel do not rise to a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); Drinkard v. Johnson, 97 F.3d 751, 755 (5th Cir. 1996), cert. denied, 117 S. Ct. 1114 (1997). Accordingly, a COA is DENIED. Motion for in forma pauperis is also DENIED.