United States v. Garcia-Castro ( 2001 )


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  •                 IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 00-41390
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    HORACIO GARCIA-CASTRO,
    Defendant-Appellant.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. B-00-CV-97
    USDC No. B-97-CR-490-1
    - - - - - - - - - -
    December 27, 2001
    Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
    PER CURIAM:*
    Horacio     Garcia-Castro     (“Garcia”),     federal    prisoner
    # 77632-079, appeals from the district court’s denial of his motion
    to vacate, set aside, or correct judgment pursuant to 28 U.S.C.
    § 2255.    Although Garcia identifies three issues on appeal, the
    only issue properly before the court is the issue on which COA was
    granted:       whether    the   attorney’s     recommendation      that   the
    Government’s evidence was insufficient to prove his guilt beyond a
    reasonable doubt was professionally reasonable.              See Lackey v.
    *
    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    opinion should not be published and is not precedent except under the limited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. 00-41390
    -2-
    Johnson, 
    116 F.3d 149
    , 151-52 (5th Cir. 1997); see also United
    States v. Kimler, 
    150 F.3d 429
    , 431 (5th Cir. 1998).
    After a review of the entire record and judging counsel’s
    performance without benefit of hindsight, see Moreland v. Scott,
    
    175 F.3d 347
    , 50 (5th Cir. 1999), this court cannot say that
    counsel’s     recommendation     was   professionally   unreasonable.
    Accordingly, the judgment of the district court is AFFIRMED.
    

Document Info

Docket Number: 00-41390

Filed Date: 12/28/2001

Precedential Status: Non-Precedential

Modified Date: 4/18/2021