United States v. Holloman

Opinion

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.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-30344 -2-

We have reviewed the record and the briefs of the parties

and hold that the district court’s credibility determination was

not clearly erroneous. Bryant v. Scott, 28 F.3d 1411, 1415 (5th

Cir. 1994).

AFFIRMED.