United States v. Mitchell

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-50219 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

JAMES B. MITCHELL,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the Western District of Texas USDC No. DR-94-CV-60 _________________________________________________________________ February 14, 1997 Before KING, SMITH, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

James B. Mitchell, No. 47109-080, appeals the district

court’s denial of his § 2255 motion to vacate, set aside, or

correct sentence. We need not determine whether Mitchell needs a

certificate of appealability (COA) under the newly enacted

Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA),

Pub. L. No. 104-132, 110 Stat. 1214 (1996); 28 U.S.C.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. § 2253(c)(1)(B). After reviewing the record and the arguments on

appeal, we would neither grant a COA if the amendment applies,

nor would we grant relief under the unamended version of § 2255.

We make this determination for substantially the reasons cited by

the district court. See United States v. Mitchell, DR-89-CR-8

(Jan. 12, 1996). Mitchell’s argument that the Government

breached its plea agreement also fails under the intervening case

United States v. Price, 95 F.3d 364, 368-69 (5th Cir. 1996).

AFFIRMED.