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U.S. v. WINES

No. 10-30233.

691 F.3d 599 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Earl WINES, also known as Crazy, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 15, 2012.

Attorney(s) appearing for the Case

Cristina Walker , Asst. U.S. Atty. (argued), Shreveport, LA, for Plaintiff-Appellee.

Rebecca Louise Hudsmith , Fed. Pub. Def. (argued), Fed. Pub. Defender's Office, Lafayette, LA, for Defendant-Appellant.

Before JOLLY, HIGGINBOTHAM and SOUTHWICK, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal is from the denial of relief under 28 U.S.C. § 2255. The § 2255 motion asserts a claim that trial counsel rendered ineffective assistance by advising the appellant, Kenneth Earl Wines, not to testify in his federal criminal trial. Because he fails to demonstrate that he was prejudiced, Wines has not established a constitutional violation and is not entitled to § 2255...

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