IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10416
Conference Calendar
JAMES A. GILBERT,
Petitioner-Appellant,
versus
JOHN TOMBONE, Warden, Federal
Correctional Institution at
Seagoville,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:97-CV-3043-P
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December 9, 1998
Before DAVIS, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
James A. Gilbert, federal prisoner # 60342-079, appeals the
district court's denial of his 28 U.S.C. § 2241 petition. He also
moves this court for release pending appeal. The motion for release is
DENIED. Because the relief he sought concerned a nonconstitutional
sentencing issue that could have been raised on direct appeal, his
claims were not cognizable in § 2241 or § 2255. This appeal is
frivolous. See Ojo v. INS, 106 F.3d 680, 683 (5th Cir. 1997).
It is DISMISSED.
*
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that this opinion should not be published and is not precedent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.