IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-60133 Summary Calendar

ROY GREEN,

Plaintiff-Appellant,

versus

UNITED STATES OF AMERICA,

Defendant-Appellee.

- - - - - - - - - - - -

Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:96-CV-241 B

- - - - - - - - - - - - February 3, 1998

Before KING, HIGGINBOTHAM and DAVIS, Circuit Judges.

PER CURIAM:*

Roy Green seeks a certificate of appealability (COA) in his

appeal from the denial of a motion filed pursuant to

. Green’s allegations that his conviction cannot be

sustained in light of Bailey v. United States,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-60133 -2-

(1995); that the trial court failed to instruct the jury

properly; and that he was denied the effective assistance of

trial counsel and appellate counsel do not rise to a "substantial

showing of the denial of a constitutional right."

(c)(2); Drinkard v. Johnson,

(5th Cir.

1996), cert. denied,

(1997). Accordingly, a COA

is DENIED.

Motion for in forma pauperis is also DENIED.