No. 99-20848
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20848
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JULIO ANTONIO ALVAREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC Nos. H-99-CV-1794 &
H-94-CR-281-1
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May 4, 2000
Before REAVLEY, DAVIS, and STEWART, Circuit Judges.
PER CURIAM:*
Julio Antonio Alvarez, federal prisoner # 66514-079, moves
this court for a certificate of appealability (COA), following
the district court’s summary dismissal of his motion to vacate
his sentence brought pursuant to 28 U.S.C. § 2255. Because
Alvarez’s notice of appeal was untimely, however, the only issue
before the court is whether the district court abused its
discretion by denying Alvarez’s request to file a late notice of
appeal. See United States v. Clark, 51 F.3d 42, 43 n.5 (5th Cir.
1995)(setting forth the standard for review of excusable-neglect
*
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that this opinion should not be published and is not precedent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. 99-20848
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finding). Even though Alvarez was specifically instructed to
brief this issue in his COA brief, he has failed to do so,
focusing instead solely on the merits of his collateral
challenges to his conviction. Because Alvarez has not briefed
the issue, it is deemed waived. See Hughes v. Johnson, 191 F.3d
607, 613 (5th Cir. 1999) (claims not briefed in COA application
are deemed waived), cert. denied, 120 S. Ct. 1003 (2000).
Alvarez fails to show that the district court erred by denying
his request to file a late notice of appeal, and the appeal
therefore is DISMISSED for lack of jurisdiction.
APPEAL DISMISSED.