Filed: Dec. 16, 1998
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-40389 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JESUS RAMIREZ-GALVAN, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. B-91-CR-235-1 - - - - - - - - - - November 27, 1998 Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM:* Jesus Ramirez-Galvan, federal prisoner # 58458-079, appeals the district cour
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-40389 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JESUS RAMIREZ-GALVAN, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. B-91-CR-235-1 - - - - - - - - - - November 27, 1998 Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM:* Jesus Ramirez-Galvan, federal prisoner # 58458-079, appeals the district court..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40389
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS RAMIREZ-GALVAN,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-91-CR-235-1
- - - - - - - - - -
November 27, 1998
Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jesus Ramirez-Galvan, federal prisoner # 58458-079, appeals
the district court’s dismissal of his motion to vacate, set
aside, or correct his sentence pursuant to 28 U.S.C. § 2255. He
asserts that an actual conflict of interest developed when his
attorney, Noe Robles, represented both Ramirez and his
codefendant, Arturo Vega, during plea negotiations.
Specifically, he contends that Robles negotiated an agreement
whereby both Ramirez and Vega agreed to provide the Government
with information about each other. Ramirez further challenges
*
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that this opinion should not be published and is not precedent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. 97-40389
-2-
the adequacy of the hearing which the magistrate judge held to
advise him of the possibility of a conflict and to obtain his
consent to proceed with the joint representation under the onus
of a potential conflict. Ramirez further challenges the waiver
he signed which purported to forego any potential conflicts that
might arise during the course of the joint representation.
Ramirez has failed to demonstrate that an actual conflict of
interest developed during the course of plea negotiations. See
United States v. Placente,
81 F.3d 555, 558 (5th Cir. 1996).
Moreover, he has failed to demonstrate any plausible tactic that
the alleged conflict prevented Robles from pursuing. See
Hernandez v. Johnson,
108 F.3d 554, 559 (5th Cir. 1998).
Ramirez has, furthermore, failed to establish that the
magistrate judge plainly erred in conducting the hearing to
inform Ramirez of the potential for a conflict and the
consequences of continuing the joint representation. See United
States v. Calverley,
37 F.3d 160, 162-64 (5th Cir. 1994) (en
banc). He has similarly failed to make such a showing with
regard to his challenges to the written waiver.
Id.
AFFIRMED.