United States v. Burton

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-30230 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CHARLES RAY BURTON,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 98-CV-426 USDC No. 95-CR-60048-1 -------------------- October 25, 2001

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Charles Ray Burton, federal prisoner #09147-035, appeals

from the denial of his 28 U.S.C. § 2255 motion. He contends that

counsel was ineffective for failing to object to his

characterization as a career offender and that the district court

did not actually conduct de novo review of the magistrate judge’s

report when denying his § 2255 motion. The district court, which

resentenced Burton on the basis that he was not a career

offender, granted Burton a certificate of appealability (COA)

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-30230 -2-

solely on the issue whether Burton was a career offender. Burton

does not seek an expansion of the COA grant by this court to

encompass the issues he now urges; we therefore may not consider

those contentions. United States v. Kimler, 150 F.3d 429, 431

(5th Cir. 1998); Lackey v. Johnson, 116 F.3d 149, 152 (5th Cir.

1997).

APPEAL DISMISSED. 5TH CIR. R. 42.2.