U.S. v. SMITH

No. 90-8063. Summary Calendar.

915 F.2d 959 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Ricky Kevin SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 26, 1990.


Attorney(s) appearing for the Case

Ricky Kevin Smith, Fort Worth, Tex., pro se.

LeRoy Morgan Jahn, Krista L.S. Leinenkugel, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GEE, SMITH, and WIENER, Circuit Judges.


PER CURIAM.

Ricky Kevin Smith (Smith) appeals the final judgment of the district court denying his habeas corpus motion to vacate or set aside his sentence. Smith contends that his sentence should be vacated because he was convicted and sentenced under the wrong statute and because in agreeing to a guilty plea he received ineffective assistance of counsel in violation of the sixth and fourteenth amendments. Finding no reversible error, we affirm.

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