Victor Mendoza v. United States

Case: 13-50369 Document: 00512497705 Page: 1 Date Filed: 01/13/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-50369 January 13, 2014
Summary Calendar Lyle W. Cayce
Clerk
VICTOR MANUEL MENDOZA,
Plaintiff-Appellant
v.
UNITED STATES OF AMERICA,
Defendant-Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:13-CV-86
Before HIGGINBOTHAM, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM: *
The judgment of the District Court is affirmed for essentially the reasons
stated in its Memorandum Opinion and Order Dismissing Plaintiff’s
Complaint and for the additional reason that the Complaint is a collateral
attack of Plaintiff’s judgment of conviction upon his plea of guilty for violation
of 21 U.S.C. § 841, 846 and is barred by Spina v. Aaron, 821 F.2d 1126, 1127-
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 13-50369 Document: 00512497705 Page: 2 Date Filed: 01/13/2014
No. 13-50369
29 (5th Cir. 1987); Heck v. Humphrey, 512 U.S. 477 (1994); Stephenson v. Reno,
28 F.3d 26 (5th Cir. 1994) (per curiam).
AFFIRMED.
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