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U.S. v. KIMLER

No. 97-20320.

150 F.3d 429 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Karl KIMLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 5, 1998.

Attorney(s) appearing for the Case

Katherine L. Haden, Paula Camille Offen-hauser, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Jeffrey A. Kearney, Fort Worth, TX, for Defendant-Appellant.

Before POLITZ, Chief Judge, and HIGGINBOTHAM and DeMOSS, Circuit Judges.

PER CURIAM:

Kimler requests a COA for issues the district court deemed unworthy of collateral review. We first turn to the question of when a circuit judge may grant a COA upon issues denied certification by the district court. Reading Fed. R.App. P. 22(b) with 28 U.S.C. § 2253(c)(3), we conclude that a notice of appeal is not a constructive request for review of issues refused certification by the district court where the district court certified some but not...

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