UNITED STATES v. FISHEL

No. 84-1255. Summary Calendar.

747 F.2d 271 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Clark N. FISHEL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 6, 1984.


Attorney(s) appearing for the Case

Frank Ivy, Austin, Tex., for defendant-appellant.

Edward C. Prado, U.S. Atty., Sidney Powell, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GEE, JOHNSON and DAVIS, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Fishel's petition for habeas corpus relief, 28 U.S.C.A. § 2255, was denied by the district court without either an evidentiary hearing or the discovery requested by Fishel. We affirm.

I.

Fishel was convicted of aiding and abetting Bob Ludwig in the possession of cocaine with intent to distribute in violation of 18 U.S.C.A. § 2(a) and 21 U.S.C.A. § 841(a)(1). At trial, the government's witnesses testified...

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