USA vs. Holloman (5th Cir. 1998)

Federal Circuits, 5th Cir. (January 20, 1998)

Docket number: 97-30344

Permanent Link: http://vlex.com/vid/usa-vs-holloman-18393118
Id. vLex: VLEX-18393118

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US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2255 - Sec. 2255. Federal custody; remedies on motion attacking sentence

U.S. Court of Appeals for the 5th Cir. - R.L. Bryant, Petitioner-Appellant, v. Wayne Scott, Director, Texas Dept. of Criminal Justice, Institutional Division, Respondent-Appellee., 28 F.3d 1411 (5th Cir. 1994)

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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-30344 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BOBBI HOLLOMAN, also known as Bobbi Moseley, also known as Bobbi Hoover, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 96-CV-345 January 16, 1998 Before JOLLY, JONES, and SMITH, Circuit Judges.

PER CURIAM: * Bobbi Holloman appeals from the denial of her 28 U.S.C. § 2255 motion after an evidentiary hearing conducted by the district court on remand from this court. Holloman argues that she was denied assistance of appellate counsel because counsel failed to file a notice of appeal or advise her of the procedures to do so herself.

We have reviewed the record and the briefs of the parties and hold that the district courtÂ’s credibility determination was not clearly erroneous. Bryant v. Scott , 28 F.3d 1411, 1415 (5th Cir. 1994).

AFFIRMED.

No. 97-30344