# United States v. Brown

> Court of Appeals for the Fifth Circuit · October 5, 1998 · 161 F.3d 7

URL: https://www.frixlaw.com/law-library/cases/16047

## Case

- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** October 5, 1998
- **Citations:** 161 F.3d 7; 1998 WL 723829
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/16047

## Opinion text

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.

- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-97-CV-1410
- - - - - - - - - -

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that this opinion should not be published and is not precedent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
-2-

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/16047. Public record. Not legal advice.