United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 24, 2003
Charles R. Fulbruge III
Clerk
No. 02-51364
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARTIN ALONSO CHAVEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-01-CV-025-DB &
EP-98-CR-1438-1-DB
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Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Martin Alonso Chavez, federal inmate #91099-080, was
convicted by a jury of conspiracy to possess with intent to
distribute cocaine and possession with intent to distribute
cocaine and was sentenced to concurrent sentences of 324 months’
imprisonment and five years’ supervised release. Chavez appeals
the district court’s dismissal of his 28 U.S.C. § 2255 motion.
*
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that this opinion should not be published and is not precedent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. 02-51364
-2-
The district court granted Chavez a certificate of
appealability (“COA”) because this court had not yet decided
whether Apprendi v. New Jersey, 530 U.S. 466 (2000), applied
retroactively to an initial 28 U.S.C. § 2255 motion. In United
States v. Brown, 305 F.3d 304 (5th Cir. 2002), cert. denied, 123
S. Ct. 1919 (2003), we held that Apprendi does not apply
retroactively to cases on initial collateral review. Chavez’s
position is foreclosed by Brown.
We do not reach the other issues raised by Chavez because he
has not expressly sought to expand the COA grant to include these
issues. United States v. Kimler, 150 F.3d 429, 431 (5th Cir.
1998). Accordingly, the judgment of the district court is
AFFIRMED.