The opinion
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-20320
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LARRY D. BROWN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-97-CV-1410
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October 2, 1998
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Larry Brown, federal prisoner # 59615-079, appeals the
district court’s denial of his motion to modify the terms of his
fine. Brown filed his notice of appeal more than 10 days after
the district court’s order denying his motion. His appeal from
the denial of that motion is DISMISSED as untimely. See Fed. R.
App. P. 4(b).
Brown seeks a certificate of appealability (COA) to appeal
the district court’s denial of his 28 U.S.C. § 2255 motion. He
argues that he received ineffective assistance of counsel based
*
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that this opinion should not be published and is not precedent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. 98-20320
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upon his attorney’s failure to argue on appeal that the
sentencing court 1) erred by holding Brown accountable for 20
grams of cocaine because the evidence did not indicate that he
had the ability to purchase that large a quantity and 2) should
have granted a downward departure from the Sentencing Guidelines
range based upon sentencing entrapment.
In order to obtain a COA, Brown must make a substantial
showing of the denial of a constitutional right. See 28 U.S.C.
§ 2253(c)(2). Brown has not made such a showing with any of the
issues he raises. Accordingly, COA is DENIED.