No. 99-30727
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30727
Summary Calendar
MARLON PERCY BRAMWELL,
Petitioner-Appellant,
versus
WARDEN U.S. PENITENTIARY LOMPOC,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 99-CV-233
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January 27, 2000
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Marlon Percy Bramwell, federal prisoner No. 37553-004, seeks
a certificate of appealability (COA) to appeal the denial of his
motion, captioned as a writ of error coram nobis, which the
district court construed as a petition under 28 U.S.C. § 2254 and
dismissed as time-barred.
Bramwell argues that the district court erred in construing
his motion as seeking § 2254 relief and that the motion was
timely filed because there are no time limitations on the
availability of coram nobis relief.
*
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this opinion should not be published and is not precedent except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. 99-30727
-2-
A COA is not necessary to appeal from an order denying coram
nobis relief. United States v. Dyer, 136 F.3d 417, 429 n.32 (5th
Cir. 1998). However, as Bramwell wishes to challenge the
validity of a prior state conviction used to enhance his current
federal sentence, the district court lacked jurisdiction to
entertain a request for coram nobis relief. United States v.
Morgan, 346 U.S. 502, 508 n.9 (1954). The appeal is dismissed
with regard to Bramwell’s request for coram nobis relief.
Bramwell does not challenge the district court’s denial of
relief under § 2254; therefore, he has failed to make a
substantial showing of the denial of a constitutional right with
regard to that issue and his motion for a COA is denied. 28
U.S.C. § 2253(c)(2).
APPEAL DISMISSED AS TO REQUEST FOR CORAM NOBIS RELIEF; COA
DENIED AS TO § 2254 RELIEF.