United States v. Finley ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-11383
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
REGINALD D. FINLEY,
Defendant-Appellant.
Appeals from the United States District Court
For the Northern District of Texas
(3:00-CR-4-1-X)
December 19, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Reginald Finley pled guilty pursuant to a written agreement to
being a felon in possession of a firearm and to failing to appear,
in violation of 18 U.S.C. §§922(g)(1) and 3146(a)(1). He argues
that he was denied effective assistance of counsel where his
attorney advised him to enter into a plea agreement from which he
received no benefit and in which he waived his right to appeal. We
find that Finley has failed to demonstrate that counsel was
*
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this opinion should not be published and is not precedent except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.
ineffective.
Finley argues that counsel was ineffective for failing to file
a pretrial motion to dismiss the indictment on the ground that §
992 (g)(1) is unconstitutional. This argument is foreclosed by our
precedent.1
Finley also claims that the government failed to present
sufficient facts to prove that he had been convicted previously of
an offense punishable by a term exceeding one year, which is an
element of the offense. Because Finley did not raise this issue
below, we review only for plain error.2 We hold that there was no
clear error that affected Finley’s substantial rights.3
AFFIRMED.
1
United States v. Rawls, 85 F.3d 240, 242-43 (5th Cir. 1996).
2
United States v. Williams, 264 F.3d 561, 574 (5th Cir.
2001).
3
Id.