United States v. Mitchell

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50219
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JAMES B. MITCHELL,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. DR-94-CV-60
_________________________________________________________________
February 14, 1997
Before KING, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
James B. Mitchell, No. 47109-080, appeals the district
court’s denial of his § 2255 motion to vacate, set aside, or
correct sentence. We need not determine whether Mitchell needs a
certificate of appealability (COA) under the newly enacted
Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA),
Pub. L. No. 104-132, 110 Stat. 1214 (1996); 28 U.S.C.
*
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that this opinion should not be published and is not precedent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.
§ 2253(c)(1)(B). After reviewing the record and the arguments on
appeal, we would neither grant a COA if the amendment applies,
nor would we grant relief under the unamended version of § 2255.
We make this determination for substantially the reasons cited by
the district court. See United States v. Mitchell, DR-89-CR-8
(Jan. 12, 1996). Mitchell’s argument that the Government
breached its plea agreement also fails under the intervening case
United States v. Price, 95 F.3d 364, 368-69 (5th Cir. 1996).
AFFIRMED.
2