United States v. Bolivar

No. 99-40877
-1-
* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40877
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHRIS LESLIE BOLIVAR,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC Nos. 1:96-CV-530
1:93-CR-41-ALL
--------------------
February 16, 2000
Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.
PER CURIAM:*
Chris Leslie Bolivar moves this court for a certificate of
appealability (COA) to appeal the district court’s denial of his
28 U.S.C. § 2255 motion wherein he challenged his guilty-plea
conviction for using a telephone to facilitate the distribution
of cocaine base. He argues that his counsel rendered ineffective
assistance by failing to review undercover tapes made by
government agents prior to advising him to plead guilty and by
failing to advise him of the sentencing disparity between

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No. 99-40877
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powdered cocaine and cocaine base prior to advising him to plead
guilty.
Bolivar’s request for a COA will be granted only upon a
“substantial showing of the denial of a constitutional right.”
§ 2253(c)(2). Because he has made no such showing, Bolivar’s
motion is denied.
COA DENIED.

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