IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-10845 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAVIER SOTO,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:96-CV-272-A - - - - - - - - - - December 3, 1996 Before GARWOOD, JOLLY and DENNIS, Circuit Judges.

PER CURIAM:*

Javier Soto appeals the district court’s denial of his

motion pursuant to

. Soto argues that his

sentence improperly was enhanced pursuant to U.S.S.G. § 2D1.1 for

possession of weapons in connection with his drug-trafficking

offenses. For essentially the reasons set forth by the district

court, the appeal is AFFIRMED. See United States v. Soto, No.

4:96-CV-272-A (N.D. Tex. July 2, 1996).

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-10845 - 2 -

This court has not yet determined whether a certificate of

appealability (“COA”) is required under the circumstances of this

appeal. See

. To the extent that a COA is

required, Soto’s notice of appeal is construed as an application

for a COA and the motion is DENIED.