Case: 12-50461 Document: 00512260323 Page: 1 Date Filed: 06/03/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 3, 2013
No. 12-50461
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
ANDREW MAXWELL PARKER,
Defendant - Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:08-CR-292-1
Before DAVIS, BARKSDALE, and ELROD, Circuit Judges.
PER CURIAM:*
Andrew Maxwell Parker, federal prisoner # 08987-424, appeals a third
amended judgment, which modified, in his favor, periods of supervised release
imposed pursuant to his pleading guilty to, inter alia, counts 27 and 28 of his
indictment. Parker raises no issue, however, with respect to that amended
judgment. E.g., Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744,
748 (5th Cir. 1987) (failure to brief issues relating to judgment appealed from
equivalent to not appealing at all). He instead raises claims rejected by the
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 12-50461 Document: 00512260323 Page: 2 Date Filed: 06/03/2013
No. 12-50461
district court in denying his related 28 U.S.C. § 2255 motion. (Although the § 2255
motion was denied, it prompted the judgment’s being amended.)
Parker, however, has not obtained the requisite certificate of appealability
(COA) authorizing an appeal of those claims. The COA requirement is
jurisdictional. 28 U.S.C. § 2253(c); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).
On the other hand, Parker has an appeal pending (case number 12-50628)
from the denial of his § 2255 motion. The district court denied a COA. He may
seek a COA from this court for that appeal.
DISMISSED.
2