United States v. Maxwell ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-50859
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JERRY THOMAS MAXWELL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-95-CA-145
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November 6, 1996
Before JONES, DeMOSS and PARKER, Circuit Judges.
PER CURIAM:*
Jerry Thomas Maxwell appeals from the district court’s
denial of his motion under 28 U.S.C. § 2255. The district court
did not commit reversible error in rejecting Maxwell’s due
process argument, which raises a factual issue concerning the
amount of cocaine attributable to him. This issue was decided
against him by this court in United States v. Thomas, 12 F.3d
1350 (5th Cir.), cert. denied, 114 S. Ct. 1861 (1994). See
*
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that this opinion should not be published and is not precedent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.
No. 95-50859
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United States v. Kalish, 780 F.2d 506, 508 (5th Cir.), cert.
denied, 476 U.S. 1118 (1986). Nor did the district court err in
rejecting Maxwell’s contention that his counsel was ineffective
for failing to require the district court to resolve disputed
factual issues at the sentencing hearing. See Spriggs v.
Collins, 993 F.2d 85, 88 (5th Cir. 1993).
AFFIRMED.