United States v. Torres

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

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No. 95-50317

Summary Calendar

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UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

JOHNNY TORRES,

Defendant-Appellant.

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

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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Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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.