United States Court of Appeals
IN THE UNITED STATES COURT OF APPEALS
Fifth Circuit
FOR THE FIFTH CIRCUIT F I L E D
_____________________
July 18, 2005
No. 04-70037
_____________________
Charles R. Fulbruge III
Clerk
RAYMOND LEVI COBB,
Petitioner - Appellant
v.
DOUG DRETKE, DIRECTOR, TEXAS
DEPARTMENT OF CRIMINAL JUSTICE,
CORRECTIONAL INSTITUTIONS DIVISION,
Respondent - Appellee
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Appeal from the United States District Court for the
Southern District of Texas- Houston Division
(H:04-CV-0696)
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Petitioner-Appellant Raymond Levi Cobb seeks a certificate
of appealability (“COA”) on two issues that the district court
deemed unworthy of appellate review. Cobb seeks a COA from this
Court on two related claims, both of which challenge his death
sentence. Cobb’s arguments spring from the testimony of an
expert witness called by the government in the punishment phase
of the trial to testify about the probability that Cobb would
*
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that this opinion should not be published and is not precedent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.
commit criminal acts of violence in the future that would
constitute a continuing threat to society. Cobb alleges that
this witness falsified his credentials and perjured himself when
explaining them to the jury. We are inclined to believe that, at
most, a simple transcription error occurred, however, we need not
decide the issue.
In light of the United States Supreme Court’s recent
decision in Roper v. Simmons,1 Texas Governor Rick Perry has
commuted Cobb’s death sentence to life imprisonment. As Cobb’s
petition for a COA challenges only his death sentence, and not
his underlying conviction, his petition is now moot because
Governor Perry has granted him the relief that he requested.
PETITION DISMISSED.
1
—— U.S. ——, 125 S. Ct. 1183 (2005).
2