IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50438
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TEDDY LEDBETTER SOLANO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-97-CA-120
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October 19, 1998
Before EMILIO M. GARZA, DeMOSS and BENAVIDES, Circuit Judges.
PER CURIAM:*
Teddy Ledbetter Solano, federal prisoner # 12029-039,
requests a certificate of appealability (COA) to appeal the
district court’s denial of her 28 U.S.C. § 2255 motion to vacate,
set aside, or correct sentence. Solano argues that her attorney
was ineffective for failing to file a notice of appeal as she had
requested, failing to seek a reduction for her alleged “minor”
role in the offense, failing to obtain a greater reduction in the
amount drugs for which she was held accountable, and failing to
*
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that this opinion should not be published and is not precedent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. 98-50438
-2-
challenge her prior, uncounseled misdemeanor convictions. Solano
has not made a substantial showing of the denial of a
constitutional right with respect to these allegations. 28
U.S.C. § 2253(c)(3). Accordingly, her request for a COA is
DENIED.
Solano also requests that this court “look at the denial of
her Rule 35" motion. The district court denied Solano’s motion
for reconsideration because she had not shown that her
substantial assistance involved information or evidence that was
not known by her until one year or more after the imposition of
the sentence. This was not error. See Fed. R. Crim. P. 35(b).
Solano’s request for the appointment of counsel is also
DENIED.
COA DENIED. APPEAL DISMISSED.