United States v. Thompson ( 1998 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10333
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
JOHN THOMPSON,
Defendant-Appellant.
Appeal from the United States District Court
For the Northern District of Texas
(3:95-CV-2231-H)
February 12, 1998
Before JOLLY, BENAVIDES, and PARKER
PER CURIAM:*
Federal prisoner John Thompson appeals the district court’s
denial of his motion to vacate, set aside, or correct his sentence,
pursuant to 28 U.S.C. § 2255. Thompson argues that his trial
attorney was ineffective because he labored under a conflict of
*
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opinion should not be published and is not precedent except under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.
interest that prevented him from effectively cross-examining the
government’s principal witness. He also contends that the evidence
was insufficient to support his conviction because the government
failed to prove that the financial institutions he robbed were
federally insured.
We have carefully reviewed the record and the briefs.
Thompson has failed to show that there was an actual conflict of
interest that adversely affected his attorney’s performance at
trial. United States v. Placente, 81 F.3d 555, 558 (5th Cir.
1996). Thompson’s challenge to the sufficiency of the evidence was
never raised in his § 2255 motion filed before the district court.
Because the issue is being raised for the first time on appeal, it
will not be considered. See United States v. Madkins, 14 F.3d 277,
279 (5th Cir. 1994).
Accordingly, the district court’s judgment denying Thompson’s
§ 2255 motion is AFFIRMED.
2