United States v. Eley

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________

No. 95-30616 Conference Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellant,

versus

JUNIOR LEE ELEY,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. CA-95-1081 - - - - - - - - - - April 19, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Appellant appeals from the district court's order denying

his motion for relief under 28 U.S.C. § 2255. He argues only

that the district court erred in applying an enhancement under

U.S.S.G. § 4B1.1, career offender, rather than apply § 4B1.4,

armed career criminal.

We have reviewed the argument and the record and perceive no

reversible error. Eley’s challenge to the district court’s

application of the Guidelines is not cognizable in § 2255 because

a district court’s technical application of the Guidelines does

not give rise to a constitutional issue. United States v.

Vaughn, 955 F.2d 367, 368 (5th Cir. 1992).

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-30616 -2-

AFFIRMED.