UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 97-51079
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILL ARTHUR PALMER,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
(SA-97-CA-304)
_________________________________________________________________
December 4, 1998
Before KING, STEWART, and BARKSDALE, Circuit Judges.
PER CURIAM:*
The convictions of Will Arthur Palmer (federal prisoner #
65134-080) for being a felon in possession of a firearm and for
possession of an unregistered sawed-off shotgun were affirmed on
direct appeal. United States v. Palmer, 37 F.3d 1080, 1082 (5th
Cir. 1994), cert. denied, 514 U.S. 1087 (1995). Palmer, pro se,
now appeals the district court’s denial of his FED. R. CIV. P. 60(b)
motion to reconsider its denial of Palmer’s 28 U.S.C. § 2255 motion
to vacate, set aside, or correct sentence.
*
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that this opinion should not be published and is not precedent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.
Palmer contends that he was denied effective assistance of
counsel because counsel failed to call two witnesses; and that the
district court erred by not conducting an evidentiary hearing on
his claims. The district court granted a certificate of
appealability only on the ineffective assistance issue.
Pursuant to our review of the record and the briefs, we
conclude that the district court did not abuse its discretion in
denying Palmer’s motion to reconsider. Palmer’s contention
regarding an evidentiary hearing is not reviewable, because he was
not granted a certificate of appealability on that issue in
district court and does not seek one here. See Lackey v. Johnson,
116 F.3d 149, 151 (5th Cir. 1997).
AFFIRMED