U.S. v. GARCIA

No. 94-50194.

77 F.3d 857 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge Rodrigo GARCIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 18, 1996.


Attorney(s) appearing for the Case

Reba Kennedy (Court-appointed), San Antonio, TX, for Appellant.

Richard L. Durbin, Jr., Joseph H. Gay, Jr., James H. DeAtley, Acting U.S. Atty., San Antonio, TX, for Appellee.

Before POLITZ, Chief Judge, and JONES and BENAVIDES, Circuit Judges.


POLITZ, Chief Judge:

Jorge Rodrigo Garcia appeals the denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. We affirm.

Background

On November 25, 1990, Louis Rocha, a United States Border Patrol Agent, was working FM 2644 about 20 miles west of Carrizo Springs, Texas. Rocha noticed a man, later identified as Garcia, near a white pickup stopped on the side of the road. Rocha asked if there was a problem...

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