United States v. Ross ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-20473
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN LAMAR ROSS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-95-CV-0970
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January 25, 1996
Before JOLLY, JONES and STEWART, Circuit Judges.
PER CURIAM:*
This is an appeal from the district court's denial of
appellant's motion to vacate, set aside, or correct his sentence
under 28 U.S.C. § 2255. Appellant argues that his counsel was
ineffective in that he failed to challenge the type of
methamphetamine attributable to the appellant and failed to argue
that the Government had the burden of proving that the substance
seized from Ross was D-methamphetamine, and not L-
methamphetamine. We have reviewed the record and the district
court's opinion and find no reversible error. Accordingly, we
*
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this opinion should not be published and is not precedent except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. 95-20473
-2-
affirm for essentially the reasons given by the district court.
United States v. Ross, No. H-95-CV-0970 (S.D. Tex. June 2, 1995).
AFFIRMED.