United States of America, Plaintiff-appellee, v. Jacob Frederick Shilts, Defendant-appellant, 134 F.3d 380 (9th Cir. 1998)

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U.S. Court of Appeals for the Ninth Circuit - 134 F.3d 380 (9th Cir. 1998)

Submitted Jan. 12, 1998. **Decided Jan. 16, 1998


Before BROWNING, KLEINFELD, and THOMAS, Circuit Judges.


MEMORANDUM* 

Jacob Frederick Shilts, a federal prisoner, appeals the district court's order denying his motion pursuant to 28 U.S.C. § 2255 challenging the judgment and sentence imposed following his 1992 guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) (1).

The only claim Shilts pursues on appeal is that he was denied effective assistance of counsel because his attorney failed to request a-downward departure based on youthful lack of guidance and childhood history of abuse. The district court's certificate of appealability did not, however, specify this issue as appealable, see 28 U.S.C. § 2253(c) (3), and we agree that Shilts' ineffective assistance claim does not make "a substantial showing of the denial of a constitutional right." See 28 U.S.C. § 2253(c) (1) and (2). Accordingly, this appeal is

DISMISSED.

 **

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3