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United States v. Torres, 95-50317 (1996)

Court: Court of Appeals for the Fifth Circuit Number: 95-50317 Visitors: 42
Filed: Feb. 15, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-50317 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOHNNY TORRES, Defendant-Appellant. _ Appeal from the United States District Court for the Western District of Texas (A-93-CR-36-1) _ February 8, 1996 Before KING, SMITH, and BENAVIDES, Circuit Judges. PER CURIAM:* Johnny Torres appeals the district court's denial of his motion for relief under 28 U.S.C. § 2255. In his § 2255 motion, Torres challenged the
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               IN THE UNITED STATES COURT OF APPEALS

                       FOR THE FIFTH CIRCUIT

                        __________________

                           No. 95-50317
                         Summary Calendar
                        __________________


          UNITED STATES OF AMERICA,

                                      Plaintiff-Appellee,

          v.

          JOHNNY TORRES,

                                      Defendant-Appellant.


_________________________________________________________________

           Appeal from the United States District Court
                 for the Western District of Texas
                           (A-93-CR-36-1)
_________________________________________________________________

                         February 8, 1996
Before KING, SMITH, and BENAVIDES, Circuit Judges.

PER CURIAM:*

     Johnny Torres appeals the district court's denial of his

motion for relief under 28 U.S.C. § 2255.    In his § 2255 motion,

Torres challenged the quantity of drugs used to establish his

base offense level and the validity of his waiver of his right to

appeal his sentence.   Torres also alleged that his attorney

provided ineffective assistance of counsel because he allowed

Torres to waive his appellate rights, and he failed to contest

the quantity of drugs used to calculate Torres's sentence.


     *
        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that this opinion should not be published and is not precedent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.
     We have reviewed the record and the district court's opinion

and find no reversible error.   Accordingly, we AFFIRM the

district court's denial of Torres's § 2255 motion.




                                 2

Source:  CourtListener

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