IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-50235 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellant,

versus

GEORGE RODRIGUEZ,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. A-95-CV-430 - - - - - - - - - - December 4, 1996 Before REAVLEY, BARKSDALE and DENNIS, Circuit Judges.

PER CURIAM:*

George Rodriguez, federal inmate #56267-080, appeals the

denial of his

motion.

To the extent that Rodriguez requires a certificate of

appealability (COA) in order to appeal the district court’s

order, we conclude that Rodriguez has not made a substantial

showing of the denial of a federal right. See 28 U.S.C.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. § 2253(c)(2). Whether or not a COA is required, Rodriguez’s

arguments lack merit and the district court did not err in

denying § 2255 relief.

AFFIRMED. COA DENIED.